R v Losco [2019] NSWDC 837

District Court New South Wales

Medium Neutral Citation: R v Losco [2019] NSWDC 837 Hearing dates: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of eight years and three months. Non‑parole period of five years and five months. Catchwords: SENTENCING – Supply drugs –principal directly supplying to individual users – rolled up quantities of drugs – multiple offences - supply to individual users. SENTENCING - Relevant factors on sentence – extensive record – just released from custody – various drugs and cash in possession – role – used another – standard non parole period – long standing behavioural problems – need for significant assistance on release to parole – structure of sentence – need to maintain offender's motivation. Legislation Cited: Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: Markarian v The Queen (2005) 228 CLR 357 Category: Sentence Parties: Roberto Losco (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender)

Solicitors: Legal Aid NSW (for the offender) Ms A Bird (for the Director of Public Prosecutions File Number(s): 2019/00008955

SENTENCE - EX TEMPORE REVISED

Introduction 1. In October 2018, Wollongong Drug Unit investigators set up a strike force. One of the targets of that strike force was Roberto Losco. Losco had been released from gaol on 29 July 2018. His criminal record indicates fairly regular offending since his mid to late 20s. Very shortly after his release from gaol he set up and engaged in a drug supply operation of some breadth. 2. Losco was sourcing methylamphetamine from an up‑line supplier in Sydney. He had multiple mobile phones, which he utilised only for short periods. He was in direct contact with a number of regular customers. He also employed his co‑offender, Peter Ryan, to act as his driver. Losco he paid Ryan and supplied him with drugs. Ryan would take Losco to Sydney for drug pickups and make deliveries on his behalf. Ryan would also bring customers to Losco. Ryan is also for sentence today.