Pasquale Brancatisano v NSW Department of Trade and Investment, Regional Infrastructure and Services [2018] NSWDC 333

District Court New South Wales

Medium Neutral Citation: Pasquale Brancatisano v NSW Department of Trade and Investment, Regional Infrastructure and Services [2018] NSWDC 333 Hearing dates: 24 September 2018 Date of orders: 09 November 2018 Decision date: 09 November 2018 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Appeal upheld. Sentences varied. Catchwords: SENTENCE APPEAL – Fisheries prosecutions – eastern rock lobster – blatant, serious and systematic offending – custodial sentences – defended hearing – sentence appeal only – maximum penalties – hardship to family – totality – deterrent sentences required – recent legislative changes – availability of Intensive Corrections Order. Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Fisheries Management (General) Regulation 2010 Fisheries Management (Lobster Share Management Plan) Regulation 2000 Cases Cited: Carter [2018] NSWCCA 138 Edwards (1996) 90 A Crim R 510 Hili v The Queen (2010) 242 CLR 520 Markarian v The Queen (2005) 228 CLR 357 Prodanovski v Andrews [2017] NSWCCA 230 Prodanovski v Department of Trade and Investment, Regional Infrastructure and Services [2017] NSWDC 73 Robertson [2017] NSWCCA 205 Togias (2001) 127 A Crim R 23 Category: Principal judgment Parties: Pasquale Brancatisano (Appellant) NSW Department of Trade and Investment, Regional Infrastructure and Services Representation: Counsel: Mr G James QC (for the appellant) Mr Averre (for the NSW Department of Trade and Investment, Regional Infrastructure and Services)