Director of Public Prosecutions v Katacouzinos

[2016] VCC 2054

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00574

DIRECTOR OF PUBLIC PROSECUTIONS

v

YIANNI KATACOUZINOS

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JUDGE:	HIS HONOUR JUDGE STUART
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	22 December 2016
CASE MAY BE CITED AS:	DPP v Katacouzinos
MEDIUM NEUTRAL CITATION:	[2016] VCC 2054

EX TEMPORE REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr S. Devlin
For the Accused	Mr N. Rattray

HIS HONOUR: 

1Yianni Katacouzinos, you have pleaded guilty to one charge of trafficking in a drug of dependence, namely 14 Butanediol, being Charge 1, and one charge of possession of a drug of dependence, namely methylamphetamine, Charge 3.  In addition, you have consented to a hearing of a summary charge of committing an indictable offence whilst on bail which you have also pleaded guilty to.  These charges carry with them maximum penalties of 15 years imprisonment, one year imprisonment and three months imprisonment respectively.  The circumstances surrounding your offending are set out in the summary of prosecution opening, Exhibit 1 on the plea and I rely heavily upon this in my sentencing remarks.

2In the early hours of 26 June 2015 police received complaints regarding a car blocking traffic at the corner of Spencer and Flinders Streets. It was reported that both the driver, yourself, and a passenger were asleep in the vehicle.   At 4.57 am police arrived to find that a car had crashed and was nudging into a railing near the intersection with the engine still running.  The car was a grey Toyota Camry with the registration ROJ-503 and it belonged to you. 

3Upon arriving police observed that the passenger in the car was in a distressed state and was kicking the front windscreen.   The informant requested that you turn the engine off.  You did not comply and were observed to be very sweaty with enlarged pupils and your speech was erratic.  In short, you were clearly drug-affected.

4After you were taken out of the car a welfare search was conducted and police located two Dettol sanitiser bottles in your clothing.  The search of the car further located a glass smoking pipe, a plastic bag containing 0.9 grams of methylamphetamine which relates to Charge 3, digital scales and two plastic bubble blowing containers.

5Police searched under the bonnet of the car and noticed that the engine area was dirty except for the air in-take box.  It was there that another police officer, Detective Senior Constable Andrews, located two water bottles filled with a clear liquid.  A third police officer, Senior Constable McLaughlin, removed the air filter from inside the air in-take box and located a third bottle of clear liquid.  The three bottles of clear liquid found in the air in-take box and the two sanitiser bottles were later analysed and all items were found to contain 1,4-butanediol, a drug commonly known as GHB, weighing a total of 1,999.8 grams.  A trafficable quantity under the Drugs Poisons and Controlled Substances Act is 50.0 grams and a commercial quantity is 2000 grams, thus you were shy by .2 of a gram of commercial quantity. 

6During the course of the interview you answered select questions.  You admitted that the police found Ice in the car and that you had bought it to smoke some two weeks before.  You admitted to having one of the bottles of sanitiser and that you were currently on bail in relation to the summary offence.  You admitted that no one else drove your car.

7The matter proceeded by way of a contested hearing, albeit only in relation to the evidence of the toxicologist, and was set down for hearing as a trial on 5 December 2016 before me.   However the matter was settled late, you pleading guilty to the two charges, being charges one and three and the summary charge I have adverted to.  Though your plea of guilty is late, it still has, as Mr Devlin pointed out, utilitarian value.  You were in custody from when you were arrested on 26 June 2015 until 21 September 2015, close to three months. 

8Your prior criminal history reveals that you have been before the courts on no less than four occasions, albeit one was at the Children's Court in May 2012 in relation to an unlawful assault.  This matter I put entirely aside, it being in the Children's Court of an unrelated matter and some time ago.

9I now turn to your other three court appearances.  The first was at the Frankston Magistrates' Court on 30 September 2013, you were charged with, among other things, trafficking in GHB, the very substance that you are charged with before me, as well as possession of methylamphetamine, trafficking in ecstasy and dealing property suspected of being proceeds of crime.  For this offending you were dealt with by way of an 18 month Community Correction Order with treatment conditions in relation to drug abuse and dependency. 

10Your next court appearance was some seven months later, on 16 April 2014, where you were charged with enter rail premises other than an entrance and again charge of dealing with property suspected of being proceeds of crime.  You were dealt with on that occasion by an adjournment without conviction. 

11The following court appearance, on 24 June 2014, involved yet another charge of trafficking, on this occasion trafficking methylamphetamine.  Thus you have been dealt with on three occasions for trafficking and drugs of dependence before two magistrates.  On this occasion you were sentenced to an aggregate sentence of three months’ imprisonment and placed on your second Community Correction Order.  It is noteworthy that at that same court appearance you were dealt with for contravening your first Community Correction Order.  That order would cease on 24 June 2015.  Two days later you committed these offences.

12Your history indicates to me that your trafficking was of an escalating nature.  You have moved from the Magistrates' Court in relation to such charges to the County Court.   You find yourself charged with trafficking simpliciter but were very close to being charged with trafficking in a commercial quantity.

13In the ordinary course of events I would not contemplate anything other than an immediate custodial sentence and one which would have been greater of course than the three months imprisonment that was imposed in the hearing on 24 June 2014 which was a combined order of imprisonment, together with a Community Correction Order.

14This is a matter that would potentially result in you being imprisoned for a lengthy period of time.   However, albeit late, you have pleaded guilty.  You are 22 years old, a young man.  Importantly, it appears you have settled, are working hard and you have the support of your family and your partner, who is expecting a child in the new year. 

15In the counselling report of Denise Abadee dated 19 December of this year, she writes: 

"Mr Katacouzinos has been in counselling with the writer since June 2014.  He has continued to maintain his motivation attending all scheduled sessions both in an outreach and office based capacity.  To Mr Katacouzinos' credit he has continued to attend all counselling sessions and he has always followed through with additional treatment recommendations that have [been] put in place by the writer and Office of Corrections." 

16Later she notes:

"Mr Katacouzinos completed the CISP program for 4 months adhering to all conditions including supervised urinanalysis.  He presents as open to the exploration of personal issues including dealing with emotion regulation, managing his anger, self-esteem and substance use."

17Later, she notes:

"He has demonstrated to the writer that he genuinely wishes to improve his situation and to learn strategies that can assist in changing his lifestyle now having plans and goals."

18Shortly thereafter, in the following paragraph she notes:

"It is the writer's opinion that he has responded in such a positive way since gaining his employment due to the structure and boundaries which his work provides him.  The writer continues to work with the family to ensure that everyone is on the same page in order to support him with consistency.  He is cooperative and eager to learn and gain insight into himself and his substance use and at times appears highly anxious."

19Later in the second page of her report she notes:

"He indicates considerable remorse for his behaviour and acknowledges that he is responsible for his actions.  He maintains that the matters before the court are the catalyst and wake-up call he needed to get his life in order now that he and his partner are expecting a baby in 7 months.  Since learning of the pregnancy he has significantly changed his behaviour and overall perspective, stating it's a drug-free zone now for everyone including cigarettes and alcohol.'" 

20In the concluding paragraphs she further states:

"Given his exposure to treatment has been ongoing for more than 3 years, since commencing treatment with the writer, he has demonstrated his motivation and willingness to address his illicit drug related issues and personal issues with the writer in counselling engaging very well in never missing an appointment often stating that this relationship is very important to him. 

He has often struggled in social situations without using drugs.  Over the past 12 months he has developed into a confident young man.  His relatively renewed relationship with his father and the continuing support from his mother and sister has meant that he feels safe and secure responding to the boundaries that have been put in place."

21As to employment, a work reference, Exhibit 2, has been provided by Mr Tremain Jukes.  In it, he writes:

"He has been employed by myself for several years and although at first his learning was progressive.  He is now a key personnel on the workshop floor.  Having developed all the necessary skills to produce the products we supply to the power industry.  These skills include punching and cropping, grinding and finishing of cross arms, p- brackets and the like.  

I feel Yianni is a young man who has made some stupid decisions in his life but in my opinion he is working hard to stay out of trouble." 

22That last sentence sums up your current situation.  You have made some stupid decisions in your life but now are working hard to stay out of trouble. 

23In the CISP final progress report dated 24 February 2016, Exhibit YK3, Joanne Spannos notes:

"He maintained an excellent level of attendance, engagement with counselling and participated constructively in case reviews." 

24And in the penultimate paragraph, he states:

“Mr Katacouzinos exhibited positive motivation throughout the CISP period.  He has attended regular appointment and contributed towards the sessions.   He has taken advantage of his rehabilitative opportunity to make significant lifestyle changes around his substance use and underlying issues." 

25It appears that you have taken advantage of the support that has been offered to you through counselling, by your partner and your family and that is heartening. 

26As I have stated, you are 22 years of age.  You were born in Tasmania into a caring Greek family and you moved to Victoria at the age of three.  You suffered in your education because of cognitive difficulties and received special tutoring and remedial lesson plans.  You left school at Year 10 as a result of bullying, but continued your education to Year 11 at the Chisholm Institute of TAFE in Frankston, completing Certificates 1 to 4. 

27You then worked at a Safeway supermarket and later in your father's take-away food shop where you eventually assumed managerial duties.  At age 19 you commenced work with Power Industry Suppliers Australia as a metal worker where you continue to work.  This is your current employer, who provided the reference which became Exhibit YK2, which I have already quoted from.  In the last paragraph of that reference, your employer states that, "If his attitude and commitment remains the same towards his job I personally guarantee that he will have work for the foreseeable future."

28Thus with help, you have turned your life around.  You have employment and you are developing your skills.  You will be a father in the near future.  I am satisfied that you, a young man, have sought to rehabilitate yourself, which is of course always a long road, particularly for those who use drugs, ice in particular.  You have shown a laudable intention to continue your work and address your past issues of drug addiction, so much so as to give up not only drugs of addiction but also drugs which are capable of addiction that are not considered illicit drugs in our society such as alcohol and cigarettes. 

29General deterrence is an important consideration in matters such as these, deterring others from engaging in trafficking in any drugs of dependence is a primary sentencing factor.  Deterring you is also important.  But in the circumstances here that must be tempered by the need to ensure your rehabilitation, for it is essential that those who are said to be rehabilitated are given an opportunity when it is reasonable to give that opportunity.  This is such a case.

30You have already spent approximately three months in prison in relation to these matters, thus you have been punished to that degree.  The sentence that I impose must also reflect just punishment and take into account the need to denounce your behaviour.  It was a pathetic situation that the police came upon.  You drugged, your passenger drugged, the car stationary, having bumped into a railing in the middle of the city. 

31Taking all these matters into account and giving appropriate weight to the need to rehabilitate you, a young offender, I intend to give you a chance.  Stand up Mr Katacouzinos.  I intend to sentence you to a two year Community Corrections Order with conditions that you receive treatment and assessment for drug addiction and the like and also that you be under supervision.  And that during the course of that two years, you perform 200 hours of unpaid community sentence work, 100 of those hours satisfactorily undertaken for treatment and rehabilitation are to be counted as hours of unpaid community service work for the purpose of that condition.

32Do you understand those conditions?

33ACCUSED:  Yes Your Honour.

34HIS HONOUR:  Are you prepared to enter into that order?

35ACCUSED:  Yes Your Honour.

36HIS HONOUR:  Understand this Mr Katacouzinos,  if you breach that order as you breached at least one if not two orders before, or come close to it, you come before not some magistrate; not before another judge of this court.  You will come back before me.  Do you understand that?

37ACCUSED:  Yes Your Honour.

38HIS HONOUR:  And do you understand that if you breach that order and you are brought back before me, the most likely result will be that you will be going straight back to gaol.   You have been there, you have seen it, you have experienced it.  That is what is most likely to occur if you breach this order.  Do you understand?

39ACCUSED:  Yes Your Honour.

40HIS HONOUR:  Are you still prepared to enter into that order?

41ACCUSED:  Yes Your Honour.

42HIS HONOUR:  Very well, come down out of the dock.   Where is the closest Corrections where he is residing?  Carlton?  Stand up Mr Katacouzinos.  Do not let yourself down, do not let your partner down, do not let your family down and do not let your new born down.  You are needed.  You have done well so far so I congratulate you to that extent.  Take a seat while the documentation is prepared.

43HIS HONOUR:  I apologise for going into the lunch hour.  I'll just stand down briefly.

44(Short adjournment.)

45HIS HONOUR:  Yes there's the order.  Will you take that to counsel, Mr Devlin and Mr Rattray. 

46MR DEVLIN:  Your Honour this is for clarity only.  I noted from the assessment outcome report the recommendation also for mental health.  Did Your Honour - that isn't part of this order.  Was that going to be part of the order or is it something Your Honour is satisfied something will be done?

47HIS HONOUR:  No I didn't think - he's attending to that as I see it.  There's no need for anything further in that regard.

48MR DEVLIN:  As Your Honour pleases.  Thank you Your Honour.

49HIS HONOUR:  Yes Mr Katacouzinos must sign that document.  That's the orders in relation to Mr Lister.  Yes all right, Mr Katacouzinos I don't expect to see you again.

50ACCUSED:  Thanks Your Honour.

51HIS HONOUR:  Adjourn sine die.

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