Director of Public Prosecutions v Koukakis

[2024] VCC 1293

5

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-23-01445

DIRECTOR OF PUBLIC PROSECUTIONS

v

ILIAS KOUKAKIS

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JUDGE:	HER HONOUR JUDGE MARICH
WHERE HELD:	Melbourne
DATE OF HEARING:	29 July 2024
DATE OF SENTENCE:	5 August 2024
CASE MAY BE CITED AS:	DPP v Koukakis
MEDIUM NEUTRAL CITATION:	[2024] VCC 1293

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentence

Catchwords:              Attempt to traffic methylamphetamine, armed robbery - objective gravity high – pre-planning – in company - confinement of victim’s car – co-offender produced imitation firearm – loud and frightening demands – terrifying ordeal – need for general deterrence is high – no exceptional circumstances - relatively modest criminal history – motivated by financial gain - parity - totality

Legislation Cited:      Sentencing Act 1991 (Vic), Crimes Act 1958 (Vic)

Cases Cited:DPP v Salatas [2024] VCC 619

Sentence:                  2 years two months imprisonment, 15 months non-parole period. 7 days presentence detention reckoned as served.

6AAA: A head sentence of three years’ imprisonment.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr. S Devlin	Office of Public Prosecutions
For the Offender	Ms S. Stafford	Stary Norten Halphen

HER HONOUR:

Introduction

1Ilias Koukakis, you have pleaded guilty to an indictment containing one charge of attempt to traffic methylamphetamine which carries a maximum penalty of 15 years’ imprisonment, and one charge of armed robbery which carries a maximum penalty of 25 years’ imprisonment.

2In addition to the matters developed in oral argument, I received the following documents into evidence.  The prosecution relied on a summary of prosecution opening for plea dated 2 April 2024, (Exhibit A), and reasons for sentence of Her Honour Judge Ellis of this court in respect of your co-offender, Mario Salatas, dated 8 May 2024, (Exhibit B).  Your counsel provided a brief outline of defence submissions dated 28 July 2024, (Exhibit 1), a CISP report dated 4 June 2023, (Exhibit 2), and a character reference of your mother Soumela Koukakis dated 23 July 2024, (Exhibit 3).

3I have had regard to all exhibited documents in considering this sentence, the sentence that I must impose upon you and my reasons, as well as reflecting carefully on the matters advanced in oral argument.

Circumstances of the offending

4Your victim, Christopher D’Aloia, was a fellow user of methylamphetamine at the time and you had known each other for a number of years since working together.

5On 13 March 2023 at approximately 10.30 am, you and he exchanged messages on Facebook Messenger about the proposed supply of methylamphetamine by you to him.  This is that exchange:

You said 'U need come Oakleigh but bring cash'.

He said 'How much for a half ball?'

You said '$450'

He said 'Have you got it on you?'

You said 'Yes, I need cash, yeah'

He said 'Where am I going?'

You said 'In 30 minutes meet me at Nelson Street Oakleigh … next to Lamplighters'

He said 'If it's under I'll punch heads'

You said 'I'm not Joe.  I'm just about to shower. 1.30 pm meet U side street to Lamplighters hotel it's called Nelson or something'

He said 'You said you had it on you?'

You said ' It’s from a girl called Crystal… she's a main dealer there.  Chris, if you're not there at 1.30 pm, I’m going… I’ve already messaged her, it’s all good'

He said 'I'll be there.  Is it good?'

You said 'Very. They get it from a good source.  Talk then'

6Your agreement to facilitate Mr D’Aloia receiving a half ball of methylamphetamine in exchange for $450.00 is the offending referable to your attempt to traffic in a drug of dependence, namely methylamphetamine.  As will become clear, the supply did not take place and that is why the offence is an attempt only.

7At approximately 12.49 pm, you caught a rideshare to a location on Dandenong Road in Oakleigh near the Lamplighter Motel, which was a location frequented by your co-offender in respect of the armed robbery, Mario Salatas, his partner and your then-partner, Luanne Panetta.  About four minutes later, Mr Salatas collected Ms Panetta from another room at the motel and then he went to the reception counter.  Mr Salatas remained in reception between about 12.53 pm and 1.12 pm. Meanwhile, you walked from Dandenong Road and passed the reception area of the motel, and he left the reception area and stopped to have a conversation with you outside the front of the building.   

8The two of you and two unidentified males entered Room 23 of the motel, whilst Ms Panetta walked through the lane connecting the Lamplighter Motel to Westley Street, Oakleigh.  At about 1.26 pm, Mr Salatas left Room 23 and walked towards another room and a 12 second voice call occurred between your telephone number and the victim’s.  Mr Salatas collected you from Room 23 and the two of you then left the motel and made your way towards the lane connecting the Lamplighter Motel to Westley Street, Oakleigh, that is, following the path that Ms Panetta had taken.

9At about 1.30 pm, Mr D’Aloia drove his black Holden to Nelson Street, Oakleigh, and parked outside an address in Westley Street, which intersects with Nelson Road.  You, Mr Salatas and Ms Panetta walked south along Westley Street towards Nelson Road.  At the intersection of the street and the road you walked towards the victim’s parked vehicle with Mr Salatas walking behind you.

10A short conversation took place between Ms Panetta and Mr Salatas, then Mr Salatas lifted his shirt, showing her something in his waistband.  Ms Panetta then turned and walked away and returned to the Lamplighter Motel shortly afterwards.  It is the prosecution case that Mr Salatas had an imitation firearm in his waistband, though at that point you were not in proximity to Mr Salatas and you did not then know that he had that imitation weapon. In other words, you were at that time a party to an arrangement to rob your victim rather than commit an armed robbery. Your states of knowledge and awareness were shortly to change and you became a participant in an armed robbery involving that imitation firearm.

11You got into the front passenger side of the victim’s vehicle; Mr Salatas got into the rear passenger side.  Mr D’Aloia had never seen Mr Salatas before.

12You asked the victim, 'Where’s Joe’s $30,000?' [apparently referring to a debt owed to Mr D’Aloia’s dealer] and he replied, 'Fuck Joe.'

13Mr Salatas then produced the black metal imitation firearm, complete with metal magazine, which the victim understandably believed was a genuine firearm.  I have been told and understand that the firearm had an extreme likeness to a real and operable firearm and was of considerable weight.  At this point you knew and understood that Mr Salatas possessed an imitation firearm.

14Mr Salatas then struck the victim in the left cheekbone with the imitation firearm, causing a deep laceration, swelling, bruising and bleeding, and the victim then began screaming for help and believed he was going to die.

15His screams were overheard by persons nearby and one witness also heard one of you say to Mr D’Aloia, 'Give us the fucking money!' and 'You fucking dog!'  Notwithstanding his injured state, both you and Mr Salatas then yelled at him and demanded that he give you $30,000, and you said to him, 'I told you to bring cash.'

16Mr Salatas then told Mr D’Aloia to get his phone out and do online banking and Mr D’Aloia showed you both his online bank balance and you told him to 'PayID me now.'  You searched the glovebox at Mr Salatas’ suggestion.

17As a result of the demands the victim transferred $455.00 to your account.  Your involvement by making demands of the victim leading to the transfer of the $455.00, whilst Mr Salatas was armed with an imitation firearm, is the offending referable to your Charge 2 of armed robbery.

18A witness who lived nearby had called emergency services upon hearing the victim’s screams. Police arrived quickly on the scene. Though the victim was bleeding from the cut to his cheek, you began telling officers that he was fine. Police, wisely, separated you from him and the victim made a report to police. You were arrested at the scene whilst you were still seated in the front passenger seat and were later interviewed.

19In that interview you admitted knowing the victim and told police that you would try and help him out with methylamphetamine. You falsely denied knowing Mr Salatas and claimed you had intended to go with the victim to get high but the 'unknown person', that is your co-offender, had threatened to bash and shoot the victim. You admitted telling the victim to transfer $450.00 to you and he was in the process of doing so. You claimed that you did not know about the firearm and denied demanding money.

Effect on the victim

20The victim apparently declined to provide a statement outlining the impact of your offending upon him.  I infer, and take into account, that the offending resulted in a loss of $455.00 and would have been a terrifying and traumatic ordeal.

Plea of guilty and timing, remorse

21You were charged on the day of your offending and the matter proceeded in the committal stream of the Magistrates Court. You indicated your intention to plead guilty to the preceding charges at further committal mention, which I accept and take into account was indicated at the earliest possible opportunity. The hearing in this court was postponed for parties to resolve the factual basis of offending and in March this year you were arraigned in this court without ever causing witnesses the stress and inconvenience of needing to give evidence and without the court and the community bearing the time and expense of a trial, which significantly mitigates sentence. Further, I accept and take into account that your plea is reflective of some remorse, particularly as your mother has told me your disappointment at yourself for your addiction to drugs and that that addiction has compromised your behaviour and values.

Personal circumstances

22You were 33 years of age at the time of your offending and are now 34.

23You were born in Clayton, the youngest of three children born to a loving mother and an absent father. Your older brother and sister are employed. Your mother worked full time for DHHS and you were raised in a loving and supportive environment with your mother’s care of you assisted by the regular daily presence of your grandparents, with whom you also had a very close relationship. They are all of excellent character. I am sorry to observe that your grandfather died aged 55 of a stroke.

24You were happy at school, and this was also a positive experience for you involving heavy involvement in sport and supplemented by attendance at Greek school on weekends.

25At 15 you started working at a supermarket and you left school in Year 10 to start an electrical pre-apprenticeship and then a plumbing apprenticeship. You later returned to school to complete Years 11 and 12. You have a long and successful history of employment as a concreter, commencing with a family friend after you finished high school.

26Unfortunately, when you were 24 you were first introduced to methylamphetamine by a co-worker on a job site, and whilst you started using recreationally you slowly descended into addiction. By the age of 26 or 27 you felt that your addiction had caused an unravelling of your life and it impacted on your ability to work as productively as you had until that time.

27You have one prior court appearance from June 2022 in the Magistrates Court, where on your plea to charges of drive whilst authorisation suspended, speeding, and fail oral fluid test you were, without conviction, placed on a good behaviour bond with a condition of attendance upon your GP for assessment and referral for drug counselling. This bond was completed satisfactorily. Your offending occurs against a backdrop where you were largely of good character, albeit addicted to methylamphetamine, which I also take into account in mitigation of penalty. This is your first offence of this very significant seriousness and your first time in custody, which I trust and infer will be of salutary effect upon you.

28Your offending occurred against the backdrop of this addiction. Your bail in the Magistrates Court on this matter was conditioned upon your participation in the CISP program, and I am pleased to note the report that shows your 'exemplary' participation in that program, albeit that you have been very candid with me through your counsel’s submissions, which I welcome, that you still have considerable difficulty with your addiction and have continued to use methylamphetamine whilst on bail in breach of your undertaking not to do so.  This shows me the extent of your addiction. You surrendered your bail at the hearing of the plea in mitigation of penalty and whilst you have been on remand you have detoxified from drug usage, and this sentence will assist in breaking that pattern of usage, I hope.

29You have otherwise been compliant with your bail undertaking and have not come to police attention since your offending, which is encouraging as to your prospects for rehabilitation. Also supportive of those prospects is your work ethic and history, and your skill in a trade, the continuing support of your family, including your mother who has written a very candid reference on your behalf for my benefit, and your awareness and horror of the effects of methylamphetamine on your behaviour and values. You also have limited previous criminal history and nothing subsequent to this offence. I am cautiously willing to conclude that you have good prospects for rehabilitation, though this will depend on your willingness and capacity to remain abstinent from drug use during and after your sentence. I am prepared to impose a longer than customary period of parole eligibility in reflection of these prospects, as urged upon me by your counsel.

Objective gravity of your offending; moral culpability

30I consider the objective gravity of your offending to be high. You engaged in pre-planning in relation to the robbery element of your offence with another person, your offence was committed in company in the confinement of the victim’s car. When your co-offender produced the imitation firearm there was that opportunity for you to register that the planned robbery was indeed an armed robbery. You made loud and frightening demands of an injured victim and took payment from him whilst others in the vicinity were sufficiently concerned by his screams to summon emergency services. This would have represented a terrifying ordeal. You were apparently motivated by the prospect of financial gain for yourself or another.

Relevant sentencing principles; sentencing submissions

31I note that these types of offending, both in respect of the attempt to traffic and the offence of armed robbery, are out of your general character.

32In cases of this nature, the need for general deterrence is high.  In other words, I am required to send a message to the community generally to deter others from engaging in these types of behaviour.  I must give significant emphasis to these objectives of sentencing, as well as to the need to denounce your behaviour and to punish you for your offending. I must also impose a sentence that specifically deters you from future offending, though given your relatively modest criminal history I have attached less weight to this sentencing purpose.

33Your co-offender, Mr Salatas, pleaded guilty at a 'relatively late stage' to the charge of armed robbery, which you also face, and to charges of causing injury intentionally and being a prohibited person possess imitation firearm, which are exclusive to his involvement in the offending. His offending was in breach of bail, which yours was not. He played the more active role in escalating your agreement to rob, to the offence of armed robbery committed in the serious circumstances involving production of the imitation firearm. He admitted a lengthy prior criminal history involving a swathe of relevant earlier offences, including an earlier sentence for being a prohibited person possess firearm which led to a period of imprisonment. He was also a user of methylamphetamine and, unfortunately, he experienced childhood trauma. His circumstances led to a conclusion in the sentencing judge that his prospects for rehabilitation were guarded. On the charge of armed robbery, he was sentenced to three years’ imprisonment as part of a total effective sentence of four years' imprisonment.

34I have had careful regard to the parity principle of sentencing in imposing sentence upon you, and here I will observe that in order to do justice to this very important principle, I will impose sentence on your armed robbery charge, which, were it not for this principle, might otherwise lead to a sentence which others may consider lenient, particularly having regard to current sentencing standards.

35I have also had regard to the totality principle of sentencing in structuring my sentence, particularly having regard to the attempt to traffic as being linked fairly closely in time to the armed robbery and explaining the chronology which led to the offending (whilst here I interpolate that the prosecution does not suggest that this offence was a ruse as part of the pre-planning for the robbery, and I do not take it into account as such).

36Your offence of armed robbery is a Category 2 offence pursuant to the Victorian Sentencing Act, which requires the imposition of a sentence of imprisonment, excluding to be served in combination with a community correction order, unless exceptional circumstances apply. Your counsel has appropriately conceded no such circumstances exist in your case.  The prosecution contends, as a matter of fact and law, that the appropriate sentence in all the circumstances is a period involving a head sentence before parole eligibility. 

Sentence

37On the charge of attempt to traffic, you are convicted and sentenced to three months’ imprisonment, to be served wholly concurrently with the base.

38On the charge of armed robbery, you are convicted and sentenced to two years and two months’ imprisonment, and I order that you serve a minimum of 15 months’ imprisonment before parole eligibility. Were it not for your plea of guilty, had you pleaded not guilty to this charge but been found guilty following trial, I would have imposed a head sentence of three years’ imprisonment.

39Pre-sentence detention?

40MR DEVLIN:  Seven days, Your Honour.

41HER HONOUR:  Agreed?

42MS STAFFORD:  Yes, Your Honour. 

43HER HONOUR:  Anything for either of you to raise before I proceed to sign my order.

44MR DEVLIN:  Just the disposal order, Your Honour.  I appreciate it's not ideal to have the order made with respect to this offender, but it wasn't made in relation to the co-offender.

45HER HONOUR:  Yes.  Do you need to be heard in relation to disposal of an imitation firearm.

46MS STAFFORD:  No, Your Honour, it's not opposed.

47HER HONOUR:  I will make the order without the opposition of the defendant.  Any other issues that either of you may wish to raise.

48MS STAFFORD:  No, Your Honour. 

49HER HONOUR:  Yes, thank you very much to both.  We will adjourn sine die please.

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