R v Paul Anthony Rovere

District Court

New South Wales

Medium Neutral Citation:

R v Paul Anthony Rovere [2020] NSWDC 560

Hearing dates:

18 September 2020

Date of orders:

25 September 2020

Decision date:

25 September 2020

Jurisdiction:

Criminal

Before:

Priestley SC DCJ

Decision:

See at page [22]

Catchwords:

CRIME — Drug offences — Supply prohibited drug — Commercial quantity

CRIME — Drug offences — Cultivate prohibited plant

CRIME — Dealing with money being proceeds of crime

Legislation Cited:

Drugs Misuse & Trafficking Act 1985 (NSW)

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Muldrockv The Queen [2011] HCA 39

R v Holder [1983] 3 NSWLR 245

Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41

Lowe v The Queen (1984) 154 CLR 606

Bugmy v The Queen [2013] HCA 27

Texts Cited:

Nil

Category:

Sentence

Parties:

Regina (Crown)
Rovere (Accused)

Representation:

Stephenson Solicitor Advocate for the Crown
Brady SC Counsel for the Accused.

File Number(s):

2019/00122615

Publication restriction:

Unrestricted

Contents

JUDGEMENT

Introduction

Form 1 procedure

Standard non-parole period

The facts and objective seriousness

Cocaine charge

Methylamphetamine charge

Dealing with proceeds of crime charge

Cultivate cannabis charge

The form one matter

Section 21A.

Subjective case

Psychologist’s report

Testimonials

Prospects

Covid 19

Guilty plea

Remorse and contrition

Special circumstances

Totality

Parity

Variance from the standard non parole period

Sentencing considerations

Indicative sentences

Orders

JUDGEMENT

Introduction

1. Paul Anthony Rovere appears for sentence on the following four counts, with the maximum sentences as indicated, and with the standard non parole period, if any, also indicated:

1. Supply of a prohibited drug greater than the commercial quantity in contravention of section 25(2) Drugs Misuse & Trafficking Act, being not less than 250g of cocaine. The maximum penalty is 20 years imprisonment and or a $385,000 fine. There is a standard non parole period of 10 years imprisonment.

2. Supply of a prohibited drug greater than the commercial quantity in contravention of section 25(2) Drugs Misuse & Trafficking Act, being 487 g of methylamphetamine. The maximum penalty is 20 years imprisonment and or a $385,000 fine. There is a standard non parole period of 10 years imprisonment.

3. Knowingly deal with proceeds of crime in contravention of s193B(2) of the Crimes Act. The amount involved was $155,000. The maximum penalty is 15 years imprisonment and there is no standard non parole period.

4. Cultivating a prohibited plant of less than the commercial quantity in contravention of s23(1)(a) of the Drugs Misuse & Trafficking Act, and being 167 cannabis plants. The maximum penalty is 10 years imprisonment and or a $220,000 fine. There is no standard non parole period.

2. In relation to count 2 there is one matter to be dealt with by way of the Form 1 procedure, of knowingly deal with proceeds of crime in the amount of $3180.

Form 1 procedure

3. In regards to the Form 1 procedure it is important that the focus remains on the principle offence for which the offender is being sentenced. The procedure allows that in…