R v Keith Francis Silvia

District Court

New South Wales

Medium Neutral Citation:

R v Keith Francis Silvia [2020] NSWDC 388

Hearing dates:

23 July 2020

Date of orders:

24 July 2020

Decision date:

24 July 2020

Jurisdiction:

Criminal

Before:

Priestley SC, DCJ

Decision:

See [16-17]

Catchwords:

CRIME — Money laundering — Dealing with money suspected of being proceeds of crime

CRIME — Drug offences — Supply prohibited drug — Commercial quantity

CRIME — Drug offences — Supply prohibited drug — Indictable quantity

Legislation Cited:

Drugs Misuse and Trafficking Act 1985 (NSW)

Crimes Act 1900 (NSW)
Crimes (Sentencing and Procedure) Act 1999 (NSW)

Cases Cited:

Muldrockv The Queen [2011] HCA 39

Wong v The Queen [2001] 207 CLR 584

R v Holder [1983] 3 NSWLR 245

Parente v R [2017] NSWCCA 284

R v Clark (unrep 15.3.90 NSWCCA)

Robertson v R [2017] NSWCCA 205

Category:

Sentence

Parties:

Regina (Crown)
Silvia (Accused)

Representation:

Counsel: Mr Stephenson, solicitor advocate, for the Crown;
Mr Korn for the offender

File Number(s):

2019/00134897

Publication restriction:

Unrestricted

Contents

Judgment

Introduction

Charge, maximum sentence, SNPP

Standard non-parole period

The facts

Objective seriousness

Section 21A.

Subjective case

Psychologists reports

Covid 19

Guilty plea

Criminal history

Prospects

Parity

Totality

Sentencing considerations

Orders

Judgment

Introduction

1. The offender was born on 15 March 1959 and so is now 61 years old. The offending occurred in the period January to May 2019 so at the time when he was initially 59 and then 60 years old.

2. The offender was arrested on 30 April 2019 and was held in custody until 22 November 2019, a period of 6 months and 24 days.

Charge, maximum sentence, SNPP

3. The offender is to be sentenced for 3 offences. The first count is under section 25(2) of the Drugs Misuse and Trafficking Act 1985 (DMTA), of knowingly take part in the supply of more than the commercial quantity of prohibited drugs. The maximum sentence is 20 years and there is a standard non-parole period of 10 years. The second count is a charge under section 193C(1) of the Crimes Act 1900 of dealing with property the proceeds of crime greater than $100,000. The maximum penalty for this offence is 5 years imprisonment and there is no standard non-parole period. The third charge is under section 25(1) DMTA of knowingly take part in supplying a prohibited drug of no more than 250 g. The maximum penalty for this offence is 15 years and there is no standard non-parole period.

4. There are no matters to be dealt with by way of the form 1 procedure.

Standard non-parole period

5. The standard non-parole period, just as with the maximum sentence, is to be considered as a guidepost in carrying out the sentencing consideration.

6. The requirement imposed on the sentencing judge by Division 1A of Part 4 of the CSPA is to state fully the reasons for arriving at the sentence imposed. The matter of the SNPP is to be taken into account together with the maximum penalty as part of the instinctive synthesis process; see