R v Robert PAVAN [2009] NSWDC 82

New South Wales District Court

CITATION: R v Robert PAVAN [2009] NSWDC 82

1 May 2008 HEARING DATE(S): 12 September 2008 24 April 2009

JUDGMENT DATE: 24 April 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment consisting of a non-parole period of seven and a half years and a total term of twelve years.

CATCHWORDS: Criminal Law - Sentence - Supply large commercial quantity of drugs

PARTIES: The Crown Robert Pavan

FILE NUMBER(S): DC 06/11/0336

COUNSEL: D Staehli SC (Crown) B Stratton QC (Offender)

SOLICITORS: NSW DPP R.F Bergagnin & Co Solicitors

SENTENCE

1 HIS HONOUR: Robert Pavan pleaded guilty to an offence of supplying a large commercial quantity of cocaine. Encompassed within that offence were three separate transactions, each involving approximately a kilogram of cocaine. In each case the offender's role was to identify purchasers of that large quantity and facilitate the supply of that cocaine from a Mr Big to someone who would then on-supply the drug, perhaps then in turn to others in the chain, before the drug was ultimately distributed to users.

2 The offender's conduct extended over a relatively short time, but it was nevertheless gravely criminal. The offender took a significant role in the drug supply transactions, identifying purchasers and supervising the supply and payment. It is accepted that he must receive a significant period of imprisonment in order to reflect the criminality of his conduct.

3 He is now sixty years of age. He has some criminal history but there is nothing remotely approaching the seriousness of his present offending. His previous criminal history seems to have been related to his conduct involved in the racing industry. There were tendered today an impressive series of references from friends and family. It appears that the offender is in many respects a man of good character. He is prepared to go very much out of his way to assist his friends and family and has for many years been devoted and dedicated to his family's upbringing.