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validation

R v GIORNO, HAMZE & DEL PIERO

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Posted (edited)

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Contact Details - 
Plaintiff: R (Crown)

First Name: Mike
Last Name: Sandford
Discord: Validation#9954

Organisation Name (If applicable): Office of Public Prosecutions - Department of Justice

 

 

Statement of Claims:
The three gentlemen are part of a known crime syndicate known as "The DeRossi Family". From undercover operations, it was found that they were dealing with the proceeds of crime and other criminal acts detailed below. These men were chosen after the "Gangs" property was raided by SAPF to conduct find further illegal items in their possession. Raids on the individuals approved by the Secretary of Justice Alec Blair were conducted finding large quantities of weapons, narcotics, and a large number of marked bills. This case is to prosecute on basis of evidence found on possession. Members have been provided bail of 500k approved by Chief Justice Blake Lawson.

Witnesses:
Officer Sammy Salami was deep undercover within the gang and gave multiple reports back to the CIB head Michael Muller.

Evidence:

CLASSIFIED

Attached below

Acknowledgment: Failure to acknowledge the following will result in penalties
1. I acknowledge that under section 22 of the Crimes Act 2018 and section 8 of the Judicial Procedures Act 2019 that it is an offence to provide falsified statements or evidence and may result in a harsh penalty if convicted.
 Yes
2. I acknowledge that under section 15 of the Judicial Procedures Act 2019 that there will be a fee associated with the court proceedings of this case, per person in each party. Yes
3. I authorise the Government of San Andreas to deduct any fees set out in point 2 above from my bank account automatically. 
(Attach evidence of consent from additional applicants to this case). Yes

Edited by validation
evidence redacted

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R v GIORNO, HAMZE & DEL PIERO
[2020] SADC 2
C2/2020

Harsh, The Hon Justice P


@validation

1. The court has accepted this case and will hear this case on 8PM AEDT Sunday 18th October 2020 at the Supreme Court building.

2. Summons will be issued out shortly. Legal representatives are to exchange evidence and witness statements to prepare for prosecution and defence.

Issued 16 Oct 20

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R v GIORNO, HAMZE & DEL PIERO
[2020] SADC 2
C2/2020

Harsh, The Hon Justice P


CITATIONR v Giorno, Hamze & Jagoff [2020] SADC 2
PARTIESTHE QUEEN v GIORNO, HAMZE & DE PIERO
FILE NO/S: 2/2020
DIVISION
PROCEEDING: Sentence
ORIGINATING COURT: District Court
DELIVERED ON: 18 October 2020
DELIVERED AT: Rockford Hills
JUDGE: Harsh, The Hon Justice P
ORDER

Defendant 1 (Mario Giorno) - Fined $3,000,000 and 7 days imprisonment, to be suspended to 6 days of good behaviour after serving 12 hours of imprisonment.

  • Charge 1 (Weapons Trafficking) - Plead guilty and found guilty
  • Charge 2 (Murder) - Plead not guilty, found not guilty, to be replaced by aiding and abetting
  • Charge 3 (Aiding and Abetting) - Found guilty
  • Charge 4 (Drug possession - 1396 counts of Class A, 1208 counts of Class B) - Plead not guilty, found guilty
  • Charge 5 (Prohibited weapons - 1353 counts) - Plead not guilty, found guilty
  • Charge 6 (Brandishing) - Plead guilty, found guilty
  • Charge 7 (Counterfeit currency) - Plead not guilty, found guilty
  • Charge 8 (Kidnapping) - Plead not guilty, found guilty

Sum of Fines: $2,500,000 (Bail bond deducted)

Defendant 2 (Pepe Del Piero) - Fined $3,000,000 and 7 days imprisonment, to be suspended to $1,500,000 and 6 days of good behaviour after serving 12 hours of imprisonment. 

  • Charge 1 (Weapons Trafficking) - Plead guilty and found guilty
  • Charge 2 (Drug possession - 64 counts of Class A, 391 counts of Class B, 26 counts of Class C) - Plead not guilty but found guilty
  • Charge 3 (Prohibited weapons - 81 counts) - Plead guilty, found guilty
  • Charge 4 (Brandishing) - Plead guilty, found guilty

Sum of Fines: $1,000,000 (Bail bond deducted)

Defendant 3 (Elias Hamze) - Fined $3,000,000 and 7 days imprisonment, to be suspended to $2,000,000 and 6 days of good behaviour after serving 12 hours of imprisonment. 

  • Charge 1 (Weapons Trafficking) - Plead guilty and found guilty
  • Charge 2 (Murder - 3 counts) - Plead guilty and found guilty
  • Charge 3 (Drug possession - 1 count of Class B) - Plead guilty and found guilty
  • Charge 4 (Prohibited weapons - 51 counts) - Plead guilty and found guilty
  • Charge 5 (Brandishing) - Plead guilty and found guilty
  • Charge 6 (Police pursuit) - Plead guilty and found guilty
  • Charge 7 (Contempt of Court - Breach of bail bond) - Plead guilty and found guilty

Sum of Fines: $2,000,000

SUMMARY OF THE COURT'S CONSIDERATIONS:

  • Defence counsel claimed Defendant 1 does not have control over the contents stored at the two shared warehouses of the De Rossi Family.
  • Prosecution have proved Defendant 1 is the de-facto leader of the organisation. The court therefore finds that Defendant 1 has the overall responsibilities over his custody of the two properties and its contents.
  • Detective Leading Senior Constable Sammy Salami's statements are credible and evidence provided is of solid proof that he has been in and about with the organisation throughout his undercover role.
  • The defence counsel petitioned the court to consider Det. LSC Salami's statements as just another statement, but not that of a law enforcement officer's. The court upholds the belief that the law is equal before all, and did not prejudice statements against the status of the individuals that made them.
  • Pepe Del Piero had a relatively clean criminal history, while the Handbook for Prosecution applies only to members of the SAPF, the court nevertheless reduced the fines amount by 50%.
  • The sentence may be perceived by the general public as "a slap on the wrist". This court stress that it had to balance the interest of the public, the SAPF (particularly the efforts of the CIB), and to the defendants to the extent it is not trying to discourage them from making a living in this State, nor trying to deport them out of this state, regardless of the current financial circumstances of the defendants and how fast they have made recovery to their financial positions.

COUNSELS:
M Sandford OAM for the Director of Public Prosecutions
T Totz for the defendants

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