R v Arcella [2020] NSWDC 833

District Court New South Wales

Medium Neutral Citation: R v Arcella [2020] NSWDC 833 Hearing dates: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 3 years. Non parole period of 1 year 9 months. Proceeds of crime order - $750 Catchwords: CRIME – Supply prohibited drug not less than the commercial quantity – Deal with proceeds of crime. SENTENCING — Relevant factors on sentence — police expert on drug codes - commercial supply of cannabis - proceeds of crime order Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug (Misuse and Trafficking) Act 1985 Cases Cited: R v Despotovski [2020] NSWDC 110 Category: Sentence Parties: Gavin Arcella (the offender) Director of Public Prosecutions Representation: Counsel: Mr M Valentin (for the offender)

Solicitors: Paul Kenny & Associates (for the offender) Mr R Taylor, Solicitor Advocate (for Director of Public Prosecutions) File Number(s): 2018/00392048

sentence – ex tempore revised 1. On 24 August 2020 Gavin Arcella came for trial in the Wollongong District Court. He was arraigned and pleaded not guilty for the principal offence of supplying the prohibited drug, cannabis leaf, in not less than the commercial quantity. On 26 August 2020 a jury found him guilty of that charge. He must now be sentenced for that offence, which carries a maximum penalty of 15 years imprisonment. That maximum is one of many guides to the exercise of my sentencing discretion. 2. When the matter was committed for trial from the Local Court a number of matters were also sent to this Court on a s 166 Criminal Procedure Act 1986 certificate. Sequences 3 to 12 were back-up offences and will be marked withdrawn and dismissed. Sequence 1 related to a charge that Arcella supplied cannabis leaf. When police went to his premises on 20 December 2018 they found a bag containing 376 grams of cannabis leaf; described by the Forensic and Analytical Science Service analyst as "partly mouldy vegetable matter". $750 in fifty dollar notes was also found in his wallet. I am asked to deal with these related matters to which he has pleaded not guilty. There is also a factual dispute in relation to the quantity of cannabis actually supplied which I must resolve.