Defendant Unleashes on Police, Magistrate and Lawyer
It has been reported that just after 6am on 1 February 2018, detectives raided a heavily fortified industrial unit at Northpoint Trade Centre in North Wollongong, suspecting it was in the process of becoming a clubhouse for the Finks Motorcycle Club.
Police say they located and seized a number of items during the search, including a loaded, unauthorised pistol and 189 grams of crystal methamphetamine, or ‘ice’. They arrested two club members and conveyed them to Wollongong Police Station.
20-year old Jake Smith was later charged with participating in a criminal group and two counts of driving whilst disqualified, while 34-year old senior club member Troy Fornaciari was charged with 12 offences including drug supply, participating in a criminal group, and threatening another person at the scene of a motorcycle collision in August 2017.
In the courtroom
Mr Fornaciari was brought before Magistrate Shane McAnulty for a bail application in Wollongong Local Court the next day, where he was represented by Legal Aid lawyer David Ryan.
Mr Ryan told the court he was unable to obtain instructions from Mr Fornaciari in the holding cells, due to the defendant’s hostile conduct.
Fornaciari eventually appeared via audio/visual link that afternoon, and was initially calm and polite. However, his demeanour changed after the charges were read out to him.
He is reported to have ‘objected’ to the charges relating to threatening conduct that allegedly occurred several months prior.
“I find the police to be rude fucking cocksuckers to charge me with that”, he is reported to have told the court.
The magistrate quickly warned Fornaciari about his use of profanity, prompting him to apologise. But just moments later, the defendant used similar language towards his criminal defence lawyer.
After being warned a second time, Fornaciari turned his attention to the magistrate.
“What are you going to do? Are you going to come down here and do it yourself? If not, shut your fucking mouth you fucking dog”, he reportedly stated.
The magistrate then directed the video feed to be terminated and refused bail.
The defendant has been remanded in custody and the case is next listed on 21 March 2018.
What are the maximum penalties for drug supply?
The maximum penalty for a drug supply charge depends on the drug type, the quantity, and the court in which the case is heard.
The following outlines the maximum penalties applicable in different situations.
Drug type / Quantity categories
| Drug Type | Small Quantity | Indictable Quantity | Commercial Quantity | Large Commercial Quantity |
| Ecstacy (MDMA) | 0.25grams | 1.25grams | 125grams | 500grams |
| Cocaine | 1gram | 5grams | 250grams | 1kg |
| Amphetamines | 1gram | 5grams | 250grams | 1kg |
| Heroin | 1gram | 5grams | 250grams | 1kg |
| Cannabis | 30 grams | 1kg | 25kg | 100kg |
Maximum penalties
| Quantity Category | When Dealt with in Local Court | When Dealt with In District Court |
| Not more than Small Quantity | 2 years prison and/or $5,500 fine | 15 years prison and/or $220,000 fine |
| More than Small Quantity but not more than Indictable Quantity | 2 years prison and/or $11,000 fine | 15 years prison and/or $220,000 fine |
| More than Indictable Quantity but not more than Commercial Quantity | Not Applicable | 15 years prison and/or $220,000 fine |
| Not less than Commercial Quantity but not more than Large Commercial Quantity | Not Applicable | 20 years prison and/or $385,000 fine |
| Not less than Large Commercial Quantity | Not Applicable | Life imprisonment and/or $550,000 fine |
