Director of Public Prosecutions v Eliades
[2018] VCC 2096
•20 November 2018
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-17-01345
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LEO ELIADES |
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JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Melbourne | |
DATE OF PLEA HEARING: | 7 November 2018 | |
DATE OF SENTENCE: | 20 November 2018 | |
CASE MAY BE CITED AS: | DPP v Eliades | |
MEDIUM NEUTRAL CITATION: | [2018] VCC 2096 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords:
Legislation Cited: Firearms Act 1996; Control of Weapons Act 1990; Sentencing Act 1991
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | Ms S. Holmes | Office of Public Prosecutions |
| For the Accused | Mr S. Tovey | Tony Hannebery Lawyers |
HER HONOUR:
1 Leo Eliades, you have pleaded guilty on Indictment G13227581.1 to one charge of trafficking in a drug of dependence, commercial quantity, one charge of trafficking in a drug of dependence, two charges of possession of a drug of dependence and eight charges of negligently dealing with the proceeds of crime. The maximum penalties applicable are commercial quantity trafficking 25 years’ imprisonment, possession of a drug of dependence, 5 years’ imprisonment. (It was not submitted by your counsel, Mr Tovey, your possession was for personal use), trafficking in a drug of dependence, 15 years’ imprisonment and negligently dealing with proceeds of crime, 5 years’ imprisonment.
2 You have also agreed to me hearing five summary charges and have pleaded guilty to them (s.145 Criminal Procedure Act 2009). Specifically, Summary Charge 25, possession of prohibited weapons, the maximum penalty 250 penalty units or two years’ imprisonment, summary charge 31, possess cartridge ammunition without a licence, 40 penalty units, Summary Charge 34, commit an indictable offence on bail, 30 penalty units or three months’ imprisonment. Summary Charges 43 and 44, dealing with property suspected of being proceeds of crime, two years’ imprisonment.
3 Your crimes arise out of events which took place on 17 September 2016 (Charge 1 and Summary Charge 44) and 24 November 2016, (the remaining charges).
4 It is not necessary for me to recount in great detail the facts of this matter, as the matter was opened in some detail by the learned prosecutor, consistent with Exhibit A. I proceed to sentence you on the basis of the facts as summarised by the prosecutor and discussed during the course of your plea hearing. It is sufficient for present purposes to simply say that the facts in this case are relevant to the offending before me, are most serious and disturbing. You also have a relevant prior criminal record, to which I shall shortly refer.
5 I turn to a summary of your offending.
6 You were operating a business as a second-hand dealer/pawn shop and auction house from various premises in St Albans. You were also operating an unlawful business of trafficking in drugs of dependence; methylamphetamine; MDMA and cannabis, from the St Albans premises.
7 Police executed a search warrant at your residential premises on 24 November 2016 and located 457 grams of methylamphetamine and 289.2 grams of MDMA, 426 grams of cannabis and 3.2 grams of cocaine.
8 The total quantity of pure methylamphetamine located was 327 grams pure, the commercial quantity 100 grams.
9 Police also located stolen goods, or goods suspected of being stolen, at some of the premises.
10 The prosecution allege you were in possession of the methylamphetamine and MDMA for the purposes of sale.
11 You owned and operated the businesses Face 2 Face Auction House and Face 2 Face Second-hand Dealer/Pawn Shop from premises at 81 Leslie Street and 82 Arthur Street, St Albans.
12 The businesses were in the same building as two residential apartments you occupied in Leslie Street, St Albans, or associated with Leslie Street, St Albans, being your parents’ address, and a further address in Leslie Street. You also rented a warehouse in Sunshine North.
13 On 16 July 2016, Gaetano Di Pietro purchased a Husqvarna ride on mower for $1,300 at an auction at Face 2 Face Auctions. The following day you delivered the mower to his house. Unknown to Di Pietro, that mower had been reported as stolen to police as a result of a burglary (Summary Charge 44).
14 On 12 September 2016, Elijah Bate rode his Focus Cayo Tiagro road bicycle to a bike rack in Swanston Street, Melbourne, where he left it locked and secured. The bicycle was stolen.
15 On 21 September 2016, someone from Stolen Bikes Australia informed Bates the bike was advertised for sale on Gumtree. Bates checked the website and identified the bike as belonging to him. Police were advised and the bike was recovered.
16 Myles Stevenson, the seller who advertised the bike for sale on Gumtree told police that he bought the bike from Face 2 Face Auctions and produced a receipt confirming that purchase (Charge 1, negligently dealing in the proceeds of crime).
17 On 24 November 2016 at 7.30 pm, police commenced surveillance of your residential premises in Leslie Street.
18 At 9.59 am police saw you, your wife and child leave the apartment building and walk to your vehicle. You were arrested for handling stolen goods. When you were searched at the scene, police located four snap-lock plastic bags, each containing white crystal substances (methylamphetamine), 7.2 grams at 79 per cent purity and 1.8 grams at 67 per cent purity, a container containing a brown tablet (MDMA) – 0.3 grams/46 per cent purity, and a wallet containing $5,580 cash (Summary Charge 43).
19 Police executed search warrants at your various premises.
20 At Unit 2/79 Leslie Street, St Albans, police located items set out within paragraph 12 of the prosecution opening.
21 Items were seized from the main lounge room Summary Charge 25, and from the kitchen, items including Summary Charge 31, and from the main bedroom items including Summary Charges 25 and 43.
22 The total substances were confirmed as drugs of dependence and seized from the premises. Forensic analysis concluded methylamphetamine, 457 grams of between 40 and 85 per cent purity or 327 grams pure (a commercial quantify being 100 grams) (Charge 2).
23 289.2 grams of MDMA between 0.6 – 46 per cent purity (Charge 3). Cannabis, 325.6 grams, with the trafficable quantity of cannabis being 250 grams (Charge 4) and cocaine, 3.2 grams (Charge 5).
24 The estimated value of the methylamphetamine seized was between $159,950 and $274,200. The estimated value of the MDMA seized was between $38,560 and $43,389.
25 Examination revealed your fingerprint on one of the plastic containers.
26 At a search at 81 Leslie Street, St Albans – Face 2 Face Auctions – a number of items were seized as set out within paragraph 18. These items are reflected in the charges of negligently dealing in proceeds of crime, (Charges 6-12 inclusive). Also located were two boxes of Winchester ammunition and a box of Remington ammunition, (Summary Charge 31).
27 At the time of committing the offences on 24 November 2016, you were on bail for the offences of handle stolen goods and negligently dealing in proceeds of crime, for which you had been charged on 1 May 2016 (Summary Charge 34, commit indictable offence whilst on bail).
28 I also note your offending before me breached a community correction order imposed on 23 September 2015. You are, of course, not being sentenced for that breach, rather the breach is an aggravating feature of your offending as you were on a Court order at the time.
29 You have admitted an extensive and relevant criminal record. You have, as I said, appeared at the Sunshine Magistrates’ Court on 23 September 2015, on charges of trafficking in cannabis, trafficking methylamphetamine, trafficking ecstasy, possession of a drug of dependence, possession of amphetamine and possession of anabolic steroids. You were also before the court on charges of possessing cartridge ammunition without a permit, possessing an imitation general category handgun, possessing a controlled weapon without excuse, being a prohibited person possessing a firearm, knowingly deal with proceeds of crime and dealing with property suspected of being proceeds of crime. You were convicted and placed on the community correction order for a period of 24 months, that order, as I have said, breached by your offending before me.
30 Prior to that you appeared at court for drug offences on 24 May 2012, 21 January 2014 and 7 August 2015, none specifically for trafficking drugs, rather possess drugs. You do have a relevant and concerning prior criminal record also including dishonesty (see 23 September 2015 prior court appearance).
31 You were interviewed by police regarding your offending before me and gave “no comment” answers to the questions asked. Well of course to answer that way, was your right.
32 Turning to a chronology of this proceeding. You were arrested on 24 November 2016 and remanded.
33 A bail application was refused on 13 January 2017. The committal was listed for 5 July 2017. A further application for bail was refused on 31 March 2017.
34 At the committal hearing on 5 July 2017, the informant was required to give evidence, and no other witnesses. The issue during cross-examination related to whether the quantity was ‘commercial’. A further bail application was made in the Supreme Court on 24 August 2017 and bail granted. Such subsequently varied on 20 October 2017.
35 The trial in this matter was listed to commence on 14 May 2018, however, the matter resolved on 5 April 2018. On 6 April you were arraigned on this plea indictment.
36 As at the date of your plea hearing you had served, that is the plea hearing, 274 days by way of pre-sentence detention, from 24 November 2016 to 24 August 2017.
37 I accept this matter has progressed relatively quickly once being charged.
38 The prosecution made application for a number of ancillary orders. A disposal order for all drugs seized, that was not opposed by counsel on your behalf and I make the orders sought. The forfeiture order $18,580 cash seized, and again counsel representing you did not oppose the making of the order and I make the order in the terms sought.
39 You have pleaded guilty to all these charges and you are entitled to have that fact taken into account in your favour, and I do so. The community by your pleas of guilty has been spared the time and cost of a trial and witnesses have been spared the ordeal of giving evidence on your trial.
40 In the circumstances, I am prepared to accept your plea indicates remorse for your offending.
41
Mr Tovey, your counsel, addressed his written plea submissions during the course of your plea hearing. He was not relying on any principles in
R v Verdins[1], and such was an appropriate concession on the material before me. He was, however, relying heavily on your rehabilitation to date, and your prospects for the future given your recent commitment to a Drug Residential Program at Innisfree and your abstinence from drugs, reflected in the 52 urine analysis test results tendered (Exhibit 2).
[1] (2007) 16 VR 269
42 He submitted you were now able to manage times of stress without resorting to drug use, and such was an improvement on your previous inability to manage stress when you would use drugs.
43 Mr Tovey conceded the community correction order was breached by this offending, and as I discussed with him, it is concerning you appeared at Court on 23 September 2015, and were able to abstain until this offending, principally on 24 November 2016, yet you re-offended involving trafficking and also dealing in property suspected of being stolen. It is concerning you returned to the same type of ‘business’ of involvement with drugs, as was the case when placed on the community correction order. It was also clear that from the time of your court appearance on 23 September 2015, if not prior to that, you knew you needed to be very careful in relation to your dealing with property, particularly via your auction business.
44 It was conceded by Mr Tovey these offences before me also occurred while you were on bail for the offence of negligently dealing with proceeds of crime, that offence on 1 May 2016, but there is a charge to reflect that.
45 A number of documents were tendered on your behalf. There was a report from Dr Danny Sullivan dated 12 February 2017. At the time of interview with Dr Sullivan, you were in prison. That report was prepared for your bail application. He set out details of your background and history. You were born in Sunshine of Greek Cypriot parents.
46 You worked at times with your father, and your relationship was good, although your father’s health poor. You described your father as being very strict when you were a child.
47 You have an older sister and a younger brother, the latter died some 13 years ago.
48 You attended St Albans North Primary School and described no particular problems with school work. You attended Keabla High School, finishing Year 10.
49 After you left school in 1983, you reported obtaining a range of qualifications. You initially worked with you father in a hot-bread kitchen, later in a gun shop and in the past five years, buying and selling at auctions and running a pawnbroker business. You had also previously worked in fitness as a personal trainer, security guard and in crowd control.
50 You met your ex-wife, Despina, in 1987, married in 1989, and have a son 27 and a daughter 25 of that marriage. Despite divorcing in 2012, you remain amicable.
51 You subsequently met Isabelle, who you married in 2012. She had come to Australia on a spousal visa and you have, as I understand it, a 4 year old daughter with her.
52 Turning to your medical history, you described having undergone surgery to your shoulder. You also reported some lower back pain, for which you saw a chiropractor every twelve to eighteen months.
53 You described that your use of methylamphetamine had caused dental problems and you have had three teeth removed at the MRC.
54 You denied any previous contact with mental health services.
55 Regarding your substance use history, you described commencing with cannabis use at the age of 38, first smoking ‘speed’ twenty-two years ago and then switching to Ice eighteen years ago. You were smoking up to 1 gram a day before your incarceration for this offending.
56 You described some cocaine use in the past ten years, in addition to use of anabolic steroids.
57 You denied, at the time of Dr Sullivan’s report in 2017, ever having spent time in a detoxification unit or rehabilitation setting.
58 Dr Sullivan diagnosed you with methylamphetamine dependence, currently abstinent, but in a protective environment (ie: in custody). There was no indication of any mental disorder.
59 At the time of interview with Dr Sullivan, you expressed motivation to cease your methylamphetamine use. There was no indication of any other treatment needs, other than to address your drug use.
60 There was a report from Ian Joblin, Forensic Psychologist, dated 7 August 2018. At the time of that interview on 6 August 2018, you were on bail, having been released from remand for this offending.
61 Further details were provided regarding your background and history. Your mother was at that time 82 years of age and caring for your father. You reported your mother was aware of the charges and remained supportive of you. Further details are provided regarding your past employment.
62 You described a good relationship with your son and daughter from your first marriage, with your son working with you in the family business. Also, your wife and young child apparently visit you in custody.
63 You acknowledged a major concern regarding your drug use, particularly methylamphetamine. Mr Joblin also noted your other drug use, to which I have previously referred.
64 You acknowledged methylamphetamine and your addiction to that drug had been a factor in the breakdown of your first marriage and caused problems in your second marriage.
65 Your offending history, you acknowledged, was related to your drug use and problems associated with that use.
66 While on remand at Port Phillip, you had been accepted into a drug rehabilitation unit in Daylesford Innisfree. You attended there for three months as an inpatient, before continuing as an outpatient until December 2017.
67 Upon your instructions, it would appear, consistent with urine analysis, you had not used drugs since November 2016.
68 You indicated a very strong wish to have no further involvement with drugs, although you reported you did not need further rehabilitation and were emphatic there was no need for further rehabilitation, as you had overcome your difficulties with drug use and associated problems. I am concerned that you believe you do not need further assistance to address possible relapse.
69 Mr Joblin did not detect any mental health issues.
70 You described that following being granted bail, you continued to work in your business.
71 Also provided before me was a report dated 17 October 2017 from Gillian Hilton. Details were provided in that report of Innisfree and the programs offered. Further details were provided within the report of your personal history and circumstances, which I will not repeat.
72 You commenced treatment at that facility on 24 August 2017, and participated in intensive psychotherapy, Cognitive Behavioural Therapy and Acceptance and Commitment Therapy, amongst other programs. There had been times you had gone beyond your role as a participant by facilitating a Tai Chi morning class for other clients. You were actively engaged in thirty therapies each week.
73 Professional bodies at Innisfree found you to be ready and committed to abstinence from amphetamines and wanting to live a safe and independent life, offence free. You indicated you were highly motivated to make significant changes to your life consistent with those commitments.
74 Since residing at Innisfree you had identified behaviours to accommodate the absence of amphetamine in your life. You had been compliant and actively participated in all required therapies at Innisfree. You had gained insight into your behaviours, particularly the influence of amphetamine upon you.
75 You attended counselling sessions numerous times in relation to drug and alcohol and mental health services, and put in place strategies to assist with relapse prevention and harm-reduction strategies.
76 Through counselling sessions, you had accepted responsibility for your offending behaviour. You were ashamed, embarrassed and remorseful. You appeared determined to take responsibility to ensure you did not repeat offend again.
77 You acknowledged the seriousness of your offending and had taken steps to address your problematic behaviour. You had shown consistent determination to change your lifestyle for the better. You had also displayed genuine remorse for your past offending.
78 There was a report dated 9 March 2018, prepared for your bail application from David Rossini, General Manager, Innisfree. He described that you adhered to the recommendation of a further twenty-eight day transitional program at Innisfree, involving you going home each Friday for the weekend to re-establish your business and family relationships, then returning to Innisfree each Monday. Upon return you were drug tested then back into the program for further therapy as a live-in patient on weekdays.
79 After you completed the transitional period, you reported to Innisfree one day per week from 16 November to 21 December 2017 inclusive. Mr Rossini observed that all your drug tests during inpatient and outpatient programs at Innisfree were negative for all substances.
80 Mr Rossini gave evidence before me during the course of your plea hearing. You completed two twenty-eight day programs at Innisfree, then a further twenty-eight days as part of a transitional program.
81 Mr Rossini outlined your daily activities at Innisfree, which had included a number of intensive counselling sessions. He said you were fully engaged in the programs, with drug testing once a week, all results negative for drugs. You completed the transitional period without incident.
82 Since leaving Innisfree, you had been in contact on occasions with Innisfree via text or by calling in to say hello.
83 Mr Rossini described that over the three months you were involved with Innisfree, your attitude and behaviour had been consistent. He did not see any ‘cracks’ in your commitment to change.
84
There were a number of references before me. From Mitch Karafili, dated
21 August 2018. He is an accountant and was approached by you in 2016, to attend to your taxation matters. In his contact with you, he found you to be a kind and generous person, honest and extremely respectful of the dealings he had with you.
85 Mr Karafili was shocked to learn you had been charged with drug offences. He had visited you in custody and you had expressed regret for your situation and the impact of it upon your family. You had shown, what he described as, a great deal of remorse.
86 There was a reference from Leandrine Ibango, dated 20 August 2018, your partner. After a year at Innisfree you became a great person, changing the quality of your lifestyle and becoming a responsible father to all your children. Now you are a happy, healthy and strong father to your daughter. She described that your imprisonment and rehabilitation had made you a positive person. You knew you had made a mistake when you offended. You had promised you would never go back to drug life again. You felt remorse and were disappointed with your offending. You had completely changed and were a great and wonderful dad.
87 There was a reference from Ann Marie White, dated 21 August 2018, who had known you for approximately five years. She considered you a close family friend, loyal, devoted with a good work ethic. You were honest and trustworthy. She described your offending as not consistent with your honest nature.
88 There was a reference from Vicky Eliades, dated 20 August 2018, married to your youngest brother, Andrew, who passed away in 2003. You took it hard when you lost your brother. You still had support from your first wife, Despina, and the children, although were divorced. She described your father’s health issues and your mother being a full-time carer for him. She said you had struggled through the last eighteen to twenty years. They were shocked to hear of your involvement in drugs and how big your addiction was. They will support you.
89 You had shown remorse she said, for what you have done and put the family through and undergone private rehabilitation at Innisfree in Daylesford. Since that time, Ms Eliades has seen a change in you, with you spending more quality time with the family. You had not returned to drug use, despite some “testing” moments described in her reference. You were focusing on the future.
90 There was a reference from Danica Bota, dated 20 August 2018, your friend of forty years. She described you as a loyal friend. You had spent time working in your father’s family-owned gun-shop business then became a registered second-hand dealer and pawnbroker. You described your remorse at having turned to dealing drugs and that you had been drug free for about a year. She will continue to support you.
91 A reference from Con Eliades, dated 20 August 2018, your son. You admitted your drug offending and that you were an addict. You told him you needed to sort your life out. He was initially not sure you would be able to “get clean”, having been an addict for so long, however, you had for nearly two years been clean. He believed you would stay clean.
92 You regretted your actions and said you wanted to completely remove drugs from your life and focus on the family/business. You retained the support of family.
93 There was a reference from Kristy Eliades, dated 20 August 2018, your daughter.
94 You had been honest with her regarding your drug trafficking charges. It was hard to comprehend that you were doing something so serious and that no one in the family knew about it. You were remorseful for your offending and were willing to do whatever it took to continue to move forward. You had made a lot of progress since November 2016, when you were arrested. You had changed your life for the better. She would continue to support you.
95 There was a reference from Betty Eliades, your mother. She described you as a good husband and father, however at times of stress you would become withdrawn and isolated from the family. It took you a while to confide in her that you were using drugs and that they had become such a part of your life.
96 She said turning to drugs had changed you mentally, physically and emotionally, however since you were released from prison you had been living with her, and she had noticed a great change in you. You were back the way you used to be before, fun loving, kind and healthy. You had also gone back to the business man that you were before, putting in a good day’s work and being a good father.
97 There was also a reference from Helen Turner, your sister, dated 21 August 2018. She described the ways you dealt with loss, including the death of your brother, by taking drugs. She did not notice you were going ‘downhill’, because you did not tend to say much. She had noticed a change in you, but could not ‘put a finger on the problem’. You became very distant.
98 Since being released on bail and living with your mother, Ms Turner observed you were back ‘once more’, to the happy brother she had always known. You had returned to everyday life, working, socialising and focusing on being a good husband and father.
99 Mr Tovey urged that you now had insight, and were remorseful for your offending. That you maintained family support, and I note a number of your family members were in court to support you during your plea hearing.
100 Mr Tovey submitted you had positive prospects for rehabilitation and urged that when sentencing you, I consider the imposition of a shorter period of imprisonment, with a longer period on parole to assist your rehabilitation.
101 Mr Tovey submitted such a disposition would be of benefit not only to the community but also to you.
102 Ms Holmes, who appeared on behalf of the prosecution, described your offending as serious. She conceded there had been discussions prior to the committal hearing, with the committal proceeding with just the informant being cross-examined, with the issue being whether or not a commercial quantity of drugs could be supported.
103 Ms Holmes submitted that the purity of the methylamphetamine at 327 grams was significantly over the commercial quantity of 100 grams.
104 Ms Holmes noted similar prior offending by you and that before me, not only in relation to drugs, but in relation to property.
105 Mr Tovey referred to your compliance with the residential program, consistent with the decision of Akoka v The Queen[2] (see paragraphs 83 and following, in particular paragraphs 105-114).
[2] [2017] VSCA 214
106 I accept your time at Innisfree has both a punitive element as well as a rehabilitative element. I accept the evidence relative to that accommodation given by Mr Rossini. In particular I note the restrictive accommodation provided. I have, in determining the appropriate sentence in your case, taken the duration of the restrictive residency into account and such has resulted in a lowering of both the head sentence and non-parole period I have imposed.
107 Regarding your rehabilitation prospects, I consider them to be good. Principally, this is based upon your efforts to date, including counselling undertaken through residential counselling, also your ability to live a lawful life, in particular, not take drugs since you have been living in the community on bail at your mother’s home. This is of some comfort and tends to show you are on the road towards rehabilitation. It will not be an easy road, given the extent of your prior drug dependence. I can only hope that you do maintain your abstinence from drugs. If you do, you are likely to continue to lead a law-abiding life. If not, you are very likely to return to re-offend and return to jail.
108 As well as matters personal to you to which I have referred, including your prospects of rehabilitation, which I find to be good, I must also take into account the need for general deterrence when sentencing you, as such is of considerable importance in a case such as this.
109 There is also the need for specific deterrence when sentencing you and, in particular, your similar prior offending.
110 I must also consider the question of protection of members of the community from you and bear in mind the likelihood of your re-offending. Your recent efforts in remaining abstinent from drug use gives me some comfort in that regard.
111 I am called upon by the Sentencing Act 1991 to manifest the community’s denunciation of your conduct and generally to impose a just punishment.
112 In determining the non-parole period to be served I am mindful of court decisions including R v VZ[3].
[3] (1998) 7 VR 693 at p15
113 When sentencing you, I take into account the principle of totality.
114 On Indictment No. G13227581.1, you are sentenced as follows:
115 On Charge 1, you are convicted and sentenced to 6 months’ imprisonment.
116 On Charge 2, you are convicted and sentenced to 4 years and 6 months’ imprisonment.
117 On Charge 3, you are convicted and sentenced to 3 years’ imprisonment.
118 On Charge 4, you are convicted and sentenced to 6 months’ imprisonment.
119 On Charge 5, you are convicted and sentenced to 1 month’s imprisonment.
120 On Charge 6, you are convicted and sentenced to 6 months’ imprisonment.
121 On Charge 7, you are convicted and sentenced to 6 months’ imprisonment.
122 On Charge 8, you are convicted and sentenced to 6 months’ imprisonment.
123 On Charge 9, you are convicted and sentenced to 6 months’ imprisonment.
124 On Charge 10, you are convicted and sentenced to 6 months’ imprisonment.
125 On Charge 11, you are convicted and sentenced to 6 months’ imprisonment.
126 On Charge 12, you are convicted and sentenced to 6 months’ imprisonment.
127 On Summary Charge 25, you are convicted and sentenced to 6 months’ imprisonment.
128 On Summary Charge 31, you are convicted and fined $200.
129 On Summary Charge 34, you are convicted and sentenced to 1 month’s imprisonment.
130 On Summary Charge 43, you are convicted and sentenced to 3 months’ imprisonment.
131 On Summary Charge 44, you are convicted and sentenced 3 months’ imprisonment
132 I order the following in relation to cumulation and concurrency.
133 Charge 2 is the base sentence.
134 I direct that 1 month of Charge 1, be served cumulatively upon Charge 2.
135 I direct that 12 months of Charge 3, be served cumulatively upon Charge 2.
136 I direct that 1 month of Charge 4, be served cumulatively upon Charge 2.
137 I direct that the sentence on Charge 5 be served concurrently with Charge 2.
138 I direct that 1 month of Charge 6, be served cumulatively upon Charge 2.
139 I direct that 1 month of Charge 7, be served cumulatively upon Charge 2.
140 I direct that 1 month of Charge 8, be served cumulatively upon Charge 2.
141 I direct that 1 month of Charge 9, be served cumulatively upon Charge 2.
142 I direct that 1 month of Charge 10, be served cumulatively upon Charge 2.
143 I direct that 1 month of Charge 11, be served cumulatively upon Charge 2.
144 I direct that 1 month of Charge 12, be served cumulatively upon Charge 2.
145 I direct that 1 month of Summary Charge 25, be served cumulatively upon Charge 2.
146 I direct that the sentence imposed on Summary Charge 34, be served concurrently with Charge 2.
147 I direct that 1 month of Summary Charge 43, be served cumulatively upon Charge 2.
148 I direct that 1 month of Summary Charge 44, be served cumulatively upon Charge 2.
149 For clarity, the orders for cumulation are upon each other and upon the base sentence.
150 That results in a total effective sentence of 6 years and 6 months imprisonment and I direct you serve a period of 4 years before you are eligible for parole.
151 The prosecution made application, as I said, for a disposal order in relation to the drugs seized. That was not opposed by your counsel on your behalf and I make the order in the terms sought.
152 The prosecution also made application for a forfeiture order in the sum of $18,580, being the cash seized from your premises. Again, counsel who appeared on your behalf did not oppose the making of the order and I make the order in the terms sought.
153 Pursuant to s6AAA Sentencing Act 1991, had you pleaded not guilty to these charges - if you had pleaded not guilty, but had been found guilty of them, I would have sentenced you to 9 years’ imprisonment and set a non-parole period of 7 years.
154
Pursuant to s18(4) Sentencing Act 1991, I declare that you have spent 274 days in custody by way of pre-sentence detention from 24 November 2016 to 24 August 2017 inclusive. Further, you have been in custody since your plea hearing on 7 November 2018, a further 13 days up to and including
19 November 2018, resulting in a total of 287 days of pre-sentence detention which I understand is up to and including yesterday which was 19 November 2018 and I direct that that be entered into the records of the court.
155 HER HONOUR: Now pre-sentence detention, what do you say about that?
156 MS HOLMES: Two-eighty-seven is correct, Your Honour.
157 HER HONOUR: Up to and including yesterday?
158 MS HOLMES: Yes, Your Honour.
159 HER HONOUR: Do you agree with that?
160 MR TOVEY: I do, Your Honour.
161 HER HONOUR: All right, thank you Mr Eliades, you will need to pop out first please. Counsel will have to see you downstairs, all right? Thank you both for your assistance.
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