Director of Public Prosecutions v Aspiotis

[2017] VCC 375

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00813

DIRECTOR OF PUBLIC PROSECUTIONS

v

ARISTOTELIS ASPIOTIS

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	4 April 2017
CASE MAY BE CITED AS:	DPP v Aspiotis
MEDIUM NEUTRAL CITATION:	[2017] VCC 375

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr C. Thomson	Office of Public Prosecutions
For the Accused	Mr A. Bates

HIS HONOUR: 

1Aristotelis Aspiotis, you have pleaded guilty to seven charges of possession of a drug of dependence and a separate summary charge of possessing prohibited weapons without exemption or approval, namely three flick knives and two butterfly knives.  I am told by your counsel that they were collectors' items that, because of your work record of being involved in boning in the fish industry, you were attracted to possession of those sorts of items.  I see nothing in the background in front of me to suggest that that is not the true situation.  You have no other criminal history matters.

2You are now aged 50.  The facts of the matter are set out in the prosecution opening, Exhibit 1 on the plea.  They are not disputed by your counsel.  I will not go into them.  Any reader of these reasons can refer to that exhibit to place the sentence in its factual context.

3On your behalf your counsel provided a very extensive and comprehensive outline of submissions in which he set out how you became involved in the use of methamphetamine in the context of your marriage break up.  He set out your personal history.  You were born in Germany, your parents migrated to Australia.  They came from Corfu and Sparta respectively.  Your father and mother worked, then retired, they then broke up.

4You went to school, finishing at Templestowe Technical School.  You left in Year 11 when you were 16. You had a number of jobs but finished up in the seafood industry as a fish cutter and you are working at the moment at a restaurant called Black Cod in Docklands, so that is good.  You have two sons of your first marriage, both your sons are in court.  You started smoking cannabis in your late twenties and then began using ice in 2013 after your second marriage broke down; a very bad move.  I will not go into the circumstances of how you fell into it.  It is a drug that many people come before the court for using, but when using it they lose total control of themselves and often commit horrific acts of violence.  It is not a drug to be used lightly so do not use it.  You have no idea what sort of effect it might have on you, you have no idea what is in it.

5Your counsel set out the circumstances of how you actually became involved in the facts of this matter.  You have no other criminal history.  I take all of those factors into account.  You have pleaded guilty, which is an expression of responsibility by you to the circumstances here, where there were more serious charges withdrawn, at the first reasonable opportunity and saved the community the expense of a criminal trial.  There was some delay involved, but not a lot.

6You have lost your house because it has been restrained by the Department of Justice because of these matters.  Your counsel submits that your prospects of rehabilitation are exceptionally good.

7In sentencing you I have to take into account a number of matters.  The basic purposes for which a court may impose sentence are punishment, general deterrence, both specific and general deterrence, rehabilitation, denunciation and protection of the community.  In sentencing you I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances.  I am required to balance the interests of the community in denouncing criminal conduct, the interests of the community in seeking to ensure as far as possible offenders are rehabilitated into society. I have already expressed my view or denunciation concerning the possession and use of the drug concerned.

8Weighing up all those matters, I have decided to place you on a community corrections order.  Because of the serious nature of the drug, I impose a conviction.  You are to do 50 hours of community work over the next 12 months and you are to attend for treatment and rehabilitation in respect of drug programs.

9Mr Thomson, can I just impose the same sentence in relation to the summary offences or do I have to do a completely different one?

10MR THOMSON:  I think you can impose the same sentence for all indictable and summary offences. 

11HIS HONOUR:  I shall do so then.  I had it in the back of my mind that the Court of Appeal recently criticised either myself or someone else for aggregating together the indictable offences and the uplifted summary offences.  I hardly think it matters here whether I do that or not, do you, Mr Bates?

12MR BATES:  No, Your Honour.

13HIS HONOUR:  The Court of Appeal has many different and varied views about aggregation, most of which are critical concerning judges of this court.  I have signed the other orders, have I not? 

14MR THOMSON:  Yes.

15HIS HONOUR:  Any other matters?

16MR THOMSON:  No, Your Honour.

17HIS HONOUR:  You can come out of there, Mr Aspiotis, but before you go, if you reoffend or do not keep the conditions of the order, like you decide you could not be bothered doing the community work or attending the drug rehab programs, you will be brought back before me and I have to think of something else to do with you.

18OFFENDER:  I won't miss them, Your Honour.

19HIS HONOUR:  Plenty of people say that.  Bear in mind that it comes as a great shock to a lot of people, but using drugs like cannabis is actually illegal and for you to do so would be a breach of the CCO if you were caught.  So it is pretty simple; open a bottle of wine if you want to do something about your life.

20OFFENDER:  Yes, Your Honour.

21HIS HONOUR:  It is much more enjoyable in my experience, not that I have tried the other stuff.  You may come out of there, thank you.

22OFFENDER:  Thank you.

23HIS HONOUR:  If you could explain it to him again and get him to sign it if he wants to do so, thank you.

24MR BATES:  Yes, Your Honour.

25HIS HONOUR:  Your client has signed it, saying he understands the effect and conditions of the order and consents to it being made; is that right?

26MR BATES:  Yes, Your Honour.

27HIS HONOUR:  Thank you, adjourn the court.

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