Director of Public Prosecutions v Schparyk and Schparyk

[2016] VCC 186

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

AT MELBOURNE
CRIMINAL JURISDICTION

Case No. CR-15-01761
CR-15-01762

DIRECTOR OF PUBLIC PROSECUTIONS

v

IVAN SCHPARYK
TRACEY SCHPARYK

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JUDGE:	HIS HONOUR JUDGE McINERNEY
WHERE HELD:	Melbourne
DATE OF HEARING:	11 February 2016
DATE OF SENTENCE:	11 February 2016
CASE MAY BE CITED AS:	DPP v Schparyk & Schparyk
MEDIUM NEUTRAL CITATION:	[2016] VCC 186

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW
Catchwords:              Sentence – cultivate narcotic plant
Sentence:                  Ivan Schparyk; Convicted and fined $1,918.93
  Tracey Schparyk; Convicted and fined $885.66

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms G. Overend	Office of Public Prosecutions
For Offender Ivan Schparyk	Mr A. Furstenberg	Lewenberg & Lewenberg
For Offender Tracey Schparyk	Mr C. Terry	Doogue O’Brien George

HIS HONOUR: 

1In regard to this matter, I have read all the materials that have been tendered on your behalf.  In particular, I note the great changes in your life from earlier times when you were both addicted to a far greater drug and the great efforts that have been made in your life to change your life. 

2

I understand and I accept that this drug was used totally for your own use. 

I am pleased that both of you have moved on to other methodologies to overcome your ongoing pain, and I accept the genuineness of that ongoing pain. 

3In the end, however, this is a law brought in by the State and where a person deliberately flouts the law, one aspect of sentencing that is appropriate is that of punishment.  I have no doubt that, given the steps you have taken, that I do not have to worry about future offending or the fact that you will rehabilitate.  However, insofar as punishment is concerned, I consider, given your own particular circumstances, to impose a Community Corrections Order on you would be a waste of community resources, given in particular Mrs Schparyk's medical circumstances and needs, and I find the appropriate determination therefore is a fine. 

4Mr Schparyk, with conviction, a fine of 13 penalty units, which are $147.61, which comes out approximately to $2,000. Insofar as Mrs Schparyk is concerned, with conviction, a fine of half of that being six units.

5I grant a stay for that payment of 12 months, and should it be that such is still too difficult to complete in that period, as I indicated to Mr Furstenberg, there is an ability to seek a further stay, but I would want to be satisfied in 12 months that you have made genuine attempts to pay those moneys.   

6Madam Prosecutor or either counsel, are there any other matters I need to attend to? 

7MS OVEREND:  No, Your Honour, I'll just hand up the disposal order sought and the 464 - - -

8HIS HONOUR:  Yes, I have got to sign a disposal order and a forfeiture order.  You can both take a seat. 

9MS OVEREND:  Your Honour, there is no forfeiture order, I apologise for that, it's just - - -

10HIS HONOUR:  I am sorry, disposal order.

11MS OVEREND:  No, it's my mistake, it's just a disposal order and the s.464ZF in relation to Mr Schparyk. 

12

HIS HONOUR:  Yes, I think formally perhaps I should have tendered, on behalf of Mr Schparyk, the outline of submissions of Mr Furstenberg as

Exhibit A, and the medical material as Exhibit B.  And insofar as Mrs Schparyk is concerned, again, the outline material tendered by Mr Terry, as Exhibit 1.  And I may as well put all of the material in as one, as medical material, as Exhibit 2.  So perhaps make that T1 and T2, and Mr Schparyk's can simply be 1 and 2.  And I will sign the order.

EXHIBIT 1 -      Outline of submissions of Mr Furstenberg in relation to

Mr Schparyk.

EXHIBIT 2 -      Medical material in relation to Mr Schparyk.

EXHIBIT T1 -    Outline of submissions of Mr Terry in relation to Mrs Schparyk.

EXHIBIT T2 -    Medical material in relation to Mrs Schparyk.

13HIS HONOUR:  Madam Prosecutor, this is the disposal order, isn't it? 

14MS OVEREND:  Yes, Your Honour, there's six of them, because there's two accused.

15HIS HONOUR:  All right.  All right, I apologise.  Yes, I've signed all those. 

16MS OVEREND:  Thank you, Your Honour.

17HIS HONOUR:  Yes, thank you all. 

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