R v D’Amico [2020] NSWDC 344

District Court New South Wales

Medium Neutral Citation: R v D'Amico [2020] NSWDC 344 Hearing dates: 27 March 2020 Decision date: 27 March 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. The offender is sentenced to a term of imprisonment of 7 years comprising a NPP of 4 years and 6 months to commence on 13 May 2019 and to expire on 12 November 2023, and a balance of term of 2 years and 3 months to commence on 13 November 2023 and to expire on 12 May 2026. To be released to parole on or about 12 November 2023. Catchwords: CRIME – Sentence - aid, abet, counsel or procure an attempt to possess a commercial quantity of a border controlled drug – offender's role – seriousness of offence - specific and general deterrence – subjective matters Legislation Cited: Criminal Code Act (Cth) 1995 Crimes Act (Cth) 1914 Cases Cited: R v Chen, Siregar, Ismunandar and Lau [2002] NSWCCA 174 R v Cheung Wai Man and Ors (NSWSC, 22 March 1991, unreported) R v Nguyen, R v Pham [2010] 205 A Crim R 106 Wong v The Queen (2001) 207 CLR 584 Category: Sentence Parties: Regina D'Amico, Antonio Representation: Counsel: Defence: Mr J Davidson

Solicitors: Crown: Ms L Hancock Defence: Mr A Herring File Number(s): 2019/00106513

Judgment 1. Antonio D'Amico appears for sentence in respect of an offence that he did aid, abet, counsel or procure an attempt to possess a commercial quantity of a border controlled drug, 3.4 methylenedioxymethamphetamine (MDMA). That offence is contrary to ss 11.1(1), 11.2(1) and 307.5(1) of the Criminal Code (Cth). The maximum penalty provided is life imprisonment. 2. The offender was committed for sentence on 22 January 2020 at the Central Local Court. He is entitled to a discount on sentence for the utility of the plea and also for facilitating the course of justice. I will discount the sentence in the order of 25%, being slightly more to round the matter down to even years. 3. The facts are agreed and are as follows: