R v Louie Pucariello

District Court

New South Wales

Medium Neutral Citation:	R v Louie PUCARIELLO [2012] NSWDC 70
Hearing dates:	23 March 2012
Decision date:	23 March 2012
Before:	Haesler DCJ
Decision:	Sentenced to imprisonment. I impose an aggregate sentence of 3 years 6 months, consisting of an aggregate sentence non parole period of 1 year 9 months.
Catchwords:	CRIMINAL LAW - Sentence, Operation Schoale
Legislation Cited:	s 29 Drug Misuse and Trafficking Act
Cases Cited:	Olbrich (1999) CLR 270 Georges [2011] NSWDC 61 Peisley (2010) NSWDC 240 Natasha Youkhani [2011] NSWDC 204 Tania Youkhani [2011] NSWDC 63 Postiglione v The Queen [1997] 198 CLR 295 Green v The Queen [2011] HCA 49 Weininger v The Queen [2003] 212 CLR 629 Borkowski [2009] NSWCCA 102 at [32]. Howie J Thawer [2009] NSWCCA 158 at [46] Muldrock v The Queen [2011] HCA 39 Hili [2010] HCA 45) Mill (1998) 166 CLR 59 at 63
Category:	Sentence
Parties:	Regina (Crown) Louie PUCARIELLO (Offender)
Representation:	Mr R McCrudden Mr M Gibson (Director Public Prosecutions)
File Number(s):	2007/00016579

SENTENCE

1. HIS HONOUR: Operation Schoale, a joint investigation by New South Wales Police and the New South Wales Crime Commission, resulted in the arrest of a large number of people associated with the importation, distribution or warehousing of cocaine and profits of illicit drug sale.

1. The operation and the matters that resulted from it indicate the enormous profits which such crimes can generate. Louie Pucariello, the Offender, was an associate of the two principals in the importation, Luke Sparos and Alan Moradien. He was not a close associate, he just knew them. Mr Sparos is presently serving a sentence of fifteen years and Mr Moradien is serving a sentence of sixteen years and nine months.

1. The agreed facts, Exhibit A1, reveal the police executed a search warrant on the Offender's home in Moorebank. I have seen the video of that search, Exhibit A7. Over $1.5 million in cash was found and just under 320 grams of cocaine was found.

1. The matter has a lengthy history. It was listed today to resolve a factual dispute. The Offender has wisely chosen not to contest the agreed facts which are tendered as part of the Crown brief. Those facts can be reduced to a series of simple and basic facts, which reflect the critical elements of the two offences, for which he must be sentenced. The offender, by his plea, has accepted the elements of each offence have been proved and admitted his guilt to them. I propose, as is only proper, to sentence on the basis of the agreed facts.

1. The cocaine was found in two areas of the kitchen. That in the pantry appears clearly to have been warehoused for return to those who the offender knew would supply it. Another smaller quantity was found in the kitchen with scales, bowl and spoon. There are a number of possible explanations for this: The first, it is a separate quantity, unrelated to the offence, available for his own use and,…