R v Losco - [2019] NSWDC 837

District Court

New South Wales

Medium Neutral Citation: R v Losco [2019] NSWDC 837
Hearing dates: 13 December 2019
Decision date: 13 December 2019
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of eight years and three months. Non‑parole period of five years and five months.

Catchwords: SENTENCING – Supply drugs –principal directly supplying to individual users – rolled up quantities of drugs – multiple offences - supply to individual users.
SENTENCING - Relevant factors on sentence – extensive record – just released from custody – various drugs and cash in possession – role – used another – standard non parole period – long standing behavioural problems – need for significant assistance on release to parole – structure of sentence – need to maintain offender’s motivation.
Legislation Cited: Criminal Procedure Act 1986
Drug Misuse and Trafficking Act 1985
Cases Cited: Markarian v The Queen (2005) 228 CLR 357
Category: Sentence
Parties: Roberto Losco (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr S Fraser, Public Defender (for the offender)
Solicitors:
Legal Aid NSW (for the offender)
Ms A Bird (for the Director of Public Prosecutions

File Number(s): 2019/00008955

SENTENCE - EX TEMPORE REVISED

Introduction

In October 2018, Wollongong Drug Unit investigators set up a strike force. One of the targets of that strike force was Roberto Losco. Losco had been released from gaol on 29 July 2018. His criminal record indicates fairly regular offending since his mid to late 20s. Very shortly after his release from gaol he set up and engaged in a drug supply operation of some breadth.
Losco was sourcing methylamphetamine from an up‑line supplier in Sydney. He had multiple mobile phones, which he utilised only for short periods. He was in direct contact with a number of regular customers. He also employed his co‑offender, Peter Ryan, to act as his driver. Losco he paid Ryan and supplied him with drugs. Ryan would take Losco to Sydney for drug pickups and make deliveries on his behalf. Ryan would also bring customers to Losco. Ryan is also for sentence today.

Agreed facts

There was a considerable body of telephone intercept and surveillance material obtained between December 2018 and the date of arrest, 9 January 2019. It is set out in more detail in the agreed facts but in summary it demonstrates what Losco and Ryan did including their travels to Sydney.
On 9 January 2019 they went to meet someone in Sydney to obtain methylamphetamine. That man is to be sentenced in Penrith next year. Later that day, Losco and Ryan together with a woman were arrested in Ryan’s car as they left the Headlands Hotel in Austinmer. The car was searched, as was the hotel room. Methylamphetamine was found in both locations: 91.44 grams was found in the car. That amount relates directly to Ryan’s matters for sentence today.
A search warrant was executed at Losco’s residence. Methylamphetamine and other items were found. The total amount of methylamphetamine found at both locations was 659.25 grams; a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Losco

Details

AGLC: R v Losco [2019] NSWDC 837
Case: [2019] NSWDC 837
Decision Date: 13 December 2019

CaseChat Overview and Summary

The case of R v Losco involved a defendant convicted of multiple drug supply offences. The court was required to determine an appropriate sentence for these offences. The key issues before the court included the nature and extent of the defendant's criminal history, the specific circumstances of the drug supply offences, and the need for a sentence that would address the defendant's long-standing behavioural problems and provide a pathway for rehabilitation.

The court noted that the defendant had an extensive criminal record and had only recently been released from custody. At the time of his arrest, he was in possession of various drugs and cash, indicating an ongoing involvement in criminal activities. The court also considered the defendant's role in the supply chain, specifically that he was a principal directly supplying to individual users. The court examined the standard non-parole period for such offences and the need for a sentence that would maintain the defendant's motivation for rehabilitation. Given the rolled-up quantities of drugs involved and the multiple offences, the court had to balance the need for deterrence with the potential for rehabilitation.

After considering these factors, the court imposed an aggregate sentence of eight years and three months, with a non-parole period of five years and five months. The court emphasised the importance of a structured sentence that would provide the defendant with significant assistance upon release, aimed at addressing his behavioural issues and facilitating a successful reintegration into society. The court's decision reflected a comprehensive assessment of the defendant's criminal history, the specifics of the drug supply offences, and the broader need for a sentence that would contribute to the defendant's rehabilitation and the protection of the community.

Orders

Orders of the court

Aggregate sentence of eight years and three months. Non‑parole period of five years and five months.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Losco [2019] NSWDC 837
Hearing dates:	13 December 2019
Decision date:	13 December 2019
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of eight years and three months. Non‑parole period of five years and five months.
Catchwords:	SENTENCING – Supply drugs –principal directly supplying to individual users – rolled up quantities of drugs – multiple offences - supply to individual users. SENTENCING - Relevant factors on sentence – extensive record – just released from custody – various drugs and cash in possession – role – used another – standard non parole period – long standing behavioural problems – need for significant assistance on release to parole – structure of sentence – need to maintain offender’s motivation.
Legislation Cited:	Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985
Cases Cited:	Markarian v The Queen (2005) 228 CLR 357
Category:	Sentence
Parties:	Roberto Losco (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr S Fraser, Public Defender (for the offender) Solicitors: Legal Aid NSW (for the offender) Ms A Bird (for the Director of Public Prosecutions
File Number(s):	2019/00008955