R v Jose Degouveia; R v Joshua Degouveia [2019] NSWDC 161

District Court New South Wales

Medium Neutral Citation: R v Jose Degouveia; R v Joshua Degouveia [2019] NSWDC 161 Hearing dates: 13 December 2018, 14 February 2019, 27 February 2019. Date of orders: 27 February 2019 Decision date: 27 February 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Jose Degouveia – For the offence of supply prohibited drug offender sentenced to a term of imprisonment of 4 years 6 months. Non parole period of 3 years 4 months; and for the offence of knowingly deal with proceeds of crime sentenced to a fixed term of imprisonment of 1 year 6 months.

Joshua Degouveia - Offender sentenced to a term of imprisonment of 4 years 1 month. Non parole period of 2 years 8 months. Catchwords: SENTENCE – supply commercial quantity of cannabis leaf – course of conduct – rolled up offences – fact finding – role of offender's motivation – greed – luxury lifestyle not worth it – father and son business – assessing seriousness of proceeds of crime when money seized relates to principle offence – important lesson learned – practical remorse. Legislation Cited: Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Evidence Act 1995 Cases Cited: Afu v R [2017] NSWCCA 246 Cahyadi v Regina [2007] NSWCCA 1 (2007) 168 A Crim R 41 Green v The Queen (2011) 244CLR 462 Hamzy v R (1994) 74 A Crim R 341 Jadron v R [2015] NSWCCA 217 Olbrich v R (1999) 199 CLR 270 Category: Sentence Parties: Jose Degouveia (the offender) Joshua Degouveia (the offender) Director of Public Prosecutions Representation: Solicitors: Mr J David (for the Accused Jose Degouveia and Joshua Degouveia) Ms C Buckthought (for the Director of Public Prosecutions) File Number(s): 2018/00092020; 2018/00092069