A Wollongong fisherman jailed over a major commercial fishing scam that implicated some of the region’s most well known eateries is likely to have the remainder of his sentence converted to an intensive corrections order.
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Pasquale Brancatisano was convicted on more than 100 charges, fined $76,000 and jailed for at least two years in Port Kembla Local Court last November following a lengthy undercover investigation by NSW Fisheries into overfishing of eastern rock lobster off the Illawarra coastline.
Brancatisano was found to have acquired 603kg of illegal lobster, valued at $28,000, over a 14-month period while working for Unanderra business Lochiel South Pty Ltd as their head fisherman.
He was recorded under-tagging (or failing to tag) his catch on at least eight occasions in a bid to skirt the legal quota applicable to lobster under NSW law.
In sentencing Brancatisano to jail, Magistrate David Williams described the offending as “a criminal endeavour with very significant scope”.
However, Brancatisano served just five months of sentence before being granted bail in April ahead of a severity appeal hearing in the NSW District Court.
On Monday, Judge Andrew Haesler agreed to refer Brancatisano for assessment for an intensive corrections order after hearing submissions from defence lawyer, Greg James, QC.
Mr James said his client was working casually on a boat to provide for his son and would probably spend “the rest of his life” repaying the fines, as well as $250,000 in costs awarded against him.
“[The costs and fines] will have a continuing effect on his perception of what he’s done….it will be a continuing reminder,” Mr James said.
“He could be paying off the fines [and costs] for the rest of his life.”
If deemed suitable for an ICO, Brancatisano would spend the remainder of his sentence in the community but must undertake weekly community service work and abide by strict monitoring from the NSW Parole Board.
The matter will return to court on November 9 for the outcome of the assessment.
Convictions appeals for Lochiel South and its director, Tory Lavelle, will be heard in court on Tuesday and Wednesday.
