R v Raccosta [2020] NSWDC 702

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: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Dang v R [2013] NSWCCA 246 Hanna v The Environmental Protection Authority [2019] NSWCCA 299 Jung v R [2017] NSWCCA 24 Kwon v R [2011] NSWCCA 58 Parente v R [2017] NSWCCA 284, (2017) 96 NSWLR 63 R v Chi Sun Tsui (1985) 1 NSWLR 308 The Queen v Olbrich (1999) CLR 270 Category: Sentence Parties: Regina (Crown) Lorenzo Raccosta (Offender) Representation: Counsel: Mr G R Heathcote

Solicitors: Ms S Stuart for the Crown Calabrese Lawyers instructing defence counsel File Number(s): 2019/00171724

Judgment 1. 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. 2. 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. 3. 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. 4. 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.