District Court
New South Wales
Medium Neutral Citation: R v Raccosta [2020] NSWDC 702 Hearing dates: 19 March 2020 Date of orders: 25 March 2020 Decision date: 25 March 2020 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 3 years with a 2 year non-parole period.
Catchwords: CRIME — Sentencing — Drug offences — Ongoing supply — Supply prohibited drug — Deemed supply — Offender from overseas — Likelihood of deportation — Special circumstances — Absence of family contact
Legislation Cited: Cases Cited: Hanna v The Environmental Protection Authority [2019] NSWCCA 299
Parente v R [2017] NSWCCA 284, (2017) 96 NSWLR 63
Category: Sentence Parties: Regina (Crown)
Lorenzo Raccosta (Offender)Representation: Counsel:
Solicitors:
Mr G R Heathcote
Ms S Stuart for the Crown
Calabrese Lawyers instructing defence counsel
File Number(s): 2019/00171724
Judgment
-
Lorenzo Raccosta is an entrepreneurial Italian who came to Australia on a visa which permitted him to obtain employment. Despite obtaining employment in a number of industries, he sought to increase his income by supplying prohibited drugs.
-
He now appears to sentence following his pleas of guilty with respect to one offence of supplying prohibited drugs on an ongoing basis contrary to the provisions of s 25A(1) of the Drug Misuse and Trafficking Act 1985. Such an offence carries a maximum penalty of 20 years imprisonment.
-
He has also pleaded guilty for the deemed supply of a prohibited drug arising from his possession of 59.39 grams of 3,4-methylenedioxyamphetamine (MDMA). This separate substantive offence contravenes s 25(1) of the Drug Misuse and Trafficking Act and carries a maximum penalty of 15 years imprisonment.
-
Two other offences namely, dealing with the proceeds of crime relating to $565 found in his possession carrying a maximum penalty of three years imprisonment, and a second offence of possession of a prohibited drug, namely 0.11 grams of cocaine, carrying a two year maximum penalty, have each been placed on a Form 1. I am asked to take the offences on the Form 1 into account in determining an appropriate sentence for the charge of ongoing supply.
FACTUAL BACKGROUND
-
The facts giving rise to the various offences are set out in a Statement of Agreed Facts. In May 2019, police attached to the Kings Cross Drug Unit conducted a controlled operation with respect to the suspected supply of drugs. On 25 May 2019, three female police undercover operatives went to the vicinity of the Kanga House Backpackers Hostel in Victoria Street, Potts Point. The circumstances which led the police to that location is not revealed in the Agreed Facts.
-
In the course of a conversation with a small group of persons at the front of the backpackers hostel, the…
Continue reading R v Raccosta
Sign in free to access the full text
- AGLC
- R v Raccosta [2020] NSWDC 702
- Case
- [2020] NSWDC 702
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate sentence, taking into account the appellant's criminal history, the nature and circumstances of the offences, and the arguments presented by both parties regarding special circumstances. The court also had to consider the likelihood of deportation post-sentence and how this might affect the appellant's rehabilitation prospects. The key issue was balancing the deterrent effect of the sentence with the potential for the appellant's rehabilitation, particularly in the absence of family support in Australia.
In delivering the judgment, the court acknowledged the appellant's involvement in the supply of prohibited drugs and the seriousness of the offences. The court noted that the appellant had no prior criminal history and had entered Australia from overseas, factors that could be considered under special circumstances. However, the court found that the appellant's lack of family contact in Australia did not sufficiently mitigate the gravity of the offences. After weighing all the factors, the court sentenced the appellant to an aggregate term of imprisonment of three years, with a non-parole period of two years.
The final orders of the court were that the appellant be sentenced to an aggregate term of imprisonment of three years with a non-parole period of two years. This sentence reflected the court's assessment of the seriousness of the offences, the need for deterrence, and the limited scope for rehabilitation considerations given the appellant's circumstances.
Orders
Orders of the court
Convicted and sentenced to an aggregate term of imprisonment of 3 years with a 2 year non-parole period.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.