R v Trimarchi [2018] NSWDC 479

District Court New South Wales

Medium Neutral Citation: R v Trimarchi [2018] NSWDC 479 Hearing dates: 20 June 20183 August 2018 Decision date: 03 August 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – 1st time in custody, need for extended parole period to assist in rehabilitation and reintegration into the community. Indicative sentences: SEQ 1: Term of imprisonment for 6 months. SEQ 2: Term of imprisonment for 18 months. SEQ 6 + Form 1 matters: Term of imprisonment for 2 years and 6 months. SEQ 7: Term of imprisonment for 2 years. SEQ 8 + Form 1 matter (SEQ 9): Fixed term of imprisonment for 3 months. Aggregate sentence: Form 1 matters taken into account on the sentence imposed below. Sentenced to a total term of imprisonment for 3 years, comprising of a NPP of 2 years to commence on 25/7/18 and to expire on 24/7/20, and a balance of term of 1 year to commence on 25/7/20 and to expire on 24/7/21. To be released to parole on 24/7/20. Parole to be supervised by Community Corrections. The backup charges are withdrawn and dismissed. Catchwords: CRIMINAL – sentence – multiple charges & Form 1 matters - supply prohibited drug - cocaine, methorphan, MDMA, , ketamine, Butanediol – possess prohibited drug – possess unauthorised pistol - aggregate sentence – subjective matters Legislation Cited: Firearms Act 1996 Crimes (Sentencing and Procedure) Act 1999 Drug (Misuse and Trafficking) Act 1985 Cases Cited: Thomson and Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina Stefano Trimarchi Representation: Counsel: Defence: J Paluso Solicitor: Crown: A Brookman File Number(s): 2017/00177072