Director of Public Prosecutions v Siviloglou

[2025] VCC 472

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-02188

DIRECTOR OF PUBLIC PROSECUTIONS

v

EVAN SIVILOGLOU

---

JUDGE:	Karapanagiotidis
WHERE HELD:	Melbourne
DATE OF HEARING:	9 April 2025
DATE OF SENTENCE:	15 April 2025
CASE MAY BE CITED AS:	DPP v Siviloglou
MEDIUM NEUTRAL CITATION:	[2025] VCC 472

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW - Sentencing

Catchwords:              trafficking in a drug of dependence – commercial quantity – possession of drug of dependence – handling stolen goods – plea of guilty – deal property suspected proceeds of crime

Legislation Cited: ss 5(1), 6AAA Sentencing Act 1991 (Vic)

Cases Cited:            Brian Gregory (a pseudonym) v R [2017] VSCA 151.

Sentence:                  Total effective sentence of three years and three months imprisonment, with a non-parole period of one year and nine months.

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Ms G. Hogg	Office of Public Prosecutions
For the Accused	Ms M. Greener	Chester Metcalfe & Co

HER HONOUR:

1Evan Siviloglou, you have pleaded guilty to one charge of trafficking in a drug of dependence, commercial quantity, one charge of possession of a drug of dependence and two charges of handling stolen goods. 

2You have also agreed to this Court hearing, and have pleaded guilty, to the summary charge of deal property suspected proceeds of crime.

Circumstances of the offending

3The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit A. This constitutes the factual basis upon which I sentence you. 

4In summary, on 14  May 2024 Victoria Police executed a search warrant under the Drugs Poisons Controlled Substances Act 1981 at your property.

5At the time Police attended, you were observed in the backyard. When Police announced themselves, you ran inside the property for approximately five seconds, before returning outside.

6Peaceful entry was affected and the search commenced.  

7In the laundry room Police located a makeup bag, in which they recovered the following items:

a. A lighter; and

b. A bottle containing 37.3 gms of 1.4 butanediol (Charge 2 – Possess Drug of Dependence); and

c. A medium sized zip-lock bag containing 167.3 gms of methylamphetamine (Charge 1 – Traffick commercial quantity); and

d. An ice pipe.

8You were then cautioned and placed under arrest for possession of drugs of dependence while the search of the property continued. You told police that anything else located belonged to you. 

9Police further recovered:

a. 2 mobile phones; and

b. 2 small bags of methylamphetamine; and

c. A tick book and $3375 in AUD cash (summary offence – deal with property suspected proceeds of crime).

10In total, the methylamphetamine recovered by Police weighed 188.9 grams, with a pure quantity of approximately 154 grams.

11Enquiries were also made as to the providence of the vehicles located at the property. As a result of those enquiries it was shown that:

a. The white Mercedes in your driveway bearing false registration had been stolen from an aggravated burglary in Fitzroy on  4May 2024 (Charge 3 – Handle stolen Goods); and

b. A Honda motorcycle bearing false registration had been previously stolen from a Maidstone address. (Charge 4 – Handle Stolen Goods).

Gravity of offending

12The charges that you have pleaded guilty to, in particular the charge trafficking in a commercial quantity of methylamphetamine, are plainly serious.  This is indicated by the maximum penalties that apply. Also, charge 1 is a category 2 offence which, subject to some exceptions, mandates a term of imprisonment.

13General deterrence, just punishment, denunciation and protection of community assume considerable significance for the offence of trafficking in a commercial quantity of a drug of dependence

14In Brian Gregory (a pseudonym) v R[1] the Court of Appeal set out the manner in which trafficking charges should be approached by a sentencing judge. The sentencing regime for trafficking offences is quantity-based. While quantum is an important factor it is of course not the sole, determinative factor and there are other relevant considerations. 

[1] [2017] VSCA 151.

15On charge 1, the total mixed quantity of drugs was 188.9 grams of methylamphetamine.  Of this amount, 154 grams was pure, therefore representing 3.2 times the pure commercial quantity threshold (50g).  The prosecution submit that it is relevant to take into account that the drug is a ‘high-reward’ one. While they accept that your own drug use was a driving force behind the offending, it is also clear, on your own admission, that you were using the funds from your trafficking to provide for your family in lieu of paid work. 

16I take into account the quantum of the drug.  I accept that your entrenched drug use contributed to the offending, however I am also satisfied that your offending was partly financially motivated. As you report, you only had intermittent work and were not receiving Centrelink payments at the time.  This heightens your moral culpability..  

17As for role, the prosecution submit that you acted alone.  There is simply no evidence as to whether or where you fit into any broader drug trafficking network.  It is not suggested that you were operating as part of any larger criminal enterprise.

18In my assessment, I take into account that charge 1, and in fact all charges, are confined to the one day.  You fall to be sentenced for trafficking on a single date, on the basis that you possessed the drug in question for the purpose of trafficking. I also note the absence of any alleged operational intimidation or other aggravating factors sometimes seen in these cases.  Overall, while certainly serious, particularly given the quantity of pure drug involved, taking into account all the circumstances I consider that your offending falls more towards the lower to mid end of the scale for this type of offending. 

19In relation to charge 2, I take into account that you possessed approximately 3 times the prescribed ‘small quantity’ of 1,4 Butanediol.  In respect of the remaining charges, I have taken into account the nature and value of the items. 

Plea of guilty

20You pleaded guilty at an early stage, with your matter resolving on 12 December 2024 prior to the committal commencing.  Your plea of guilty entitles you to an important sentencing discount.  It has facilitated the course of justice and has utilitarian value, avoiding the need for a committal and trial.

21I also accept that your plea and cooperation is reflective of your remorse.  At the execution of the search warrant you were co-operative with police and made admissions to possession of the drugs located.  You were also assessed by psychologist Warren Simmons and during that assessment you did not attempt to justify your behaviour and ‘readily acknowledged that what [you] were doing was wrong’.  Mr Simmons concludes that, while there is no doubt that you make poor decisions when substance affected, ‘[you] did not attempt to minimise nor excuse [your] behaviour’ (at [26]). 

Personal circumstances

22Your personal circumstances were canvassed by your Counsel and are outlined in the report of Mr Simmons, dated 31 March 2025. 

23You were born in Melbourne and grew up in Yarraville and East Keilor, and you have an older brother. .

24Your childhood was marked by instability following the separation of your parents when you were aged one. Your mother struggled with substance use and you continued to see her intermittently until the age of 13 when she moved to Horsham.  It is very likely that these circumstances would have been challenging and destabilising for you, as a child.  In recent years you have re-established contact with your mother.

25Growing up you had a close relationship with your father and paternal grandparents. Your father worked as a painter and you report that he was very strict but that he provided well for you.

26You completed up to Year 11 following which you completed a carpentry apprenticeship.

27After completing your apprenticeship early you worked as a carpenter for two years. You have since had an intermittent work history and are often self-employed. You last worked in 2021 for a six month period.

28You have been in a relationship with your partner Jessica for the past six years. She has a six year old son to a previous partner.  You have embraced your role as a parent and you are treated as, and considered to be, his father.

29As submitted by your Counsel, your drug use has underpinned many of your problems.  You first commenced smoking cannabis at age 16 and at 18 years of age you were introduced to methamphetamines. Your use of methamphetamine continued from this time and more recently you started misusing GHB. From the age of 21 you had used up to 2 grams of methamphetamine on a daily basis, with the exception of a nine month period of abstinence when you lived with your brother.  Approximately three years ago your use of GHB increased to daily use. 

30As for any previous treatment, you were involved in the KickStart program during your earlier Community Corrections Order.  You have also undertaken programs in custody to address substance misuse including Ice and Me and Skating on Ice. 

31You have a relevant criminal history, commencing in 2018.  Your history is mostly for driving matters, though also includes dishonesty offending and most relevantly, you have one prior conviction for trafficking in methylamphetamine.  At the time of the current offending, it appears that you were on a community corrections order at the time, though I note that this was a work only order imposed for driving matters.  You have been in custody on two prior occasions when you were sentenced to periods of time served, 15 days in 2018 and 65 days in 2020.  I accept, as submitted on your behalf, that your prior history is underpinned by long term issues with substance misuse. 

Prospects of rehabilitation

32Your Counsel submits that your prospects of rehabilitation are favourable when viewed in the context of your relatively young age, along with relevant protective factors, including your relationship with your partner and son and your skills and qualification as a carpenter.  She also points to the absence of any antisocial personality traits or psychological or psychiatric issues.

33In my assessment, I have also taken into account the nature of the offending, along with your prior criminal history.  In respect of your prior history, while certainly relevant, I do note that it commenced in 2018 and that this period on remand is the longest period you have served in custody to date.  I accept your Counsel’s submission that your current period on remand has been a salutary experience. 

34Taking into account all the circumstances, I accept that you present with positive rehabilitation prospects provided you can adequately address your drug use.  You clearly have the capacity and ability to engage in rehabilitation.  You also have the support and skills to reintegrate into the community. 

35Mr Simmons considers that you do have prospects for rehabilitation.  He states, ‘he has a history of substance use but appears to be motivated to make changes for the sake of his stepson’ (at [28]).  Mr Simmons suggests that you would benefit from further involvement with drug and alcohol treatment and i agree.  

Sentencing purposes

36The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community. 

37I take into account the sentencing guidelines referred to in s5 of the Sentencing Act1991, where relevant in your case.

38I have also considered the comparable cases relied upon by both Counsel. They have been of some guidance and assistance but ultimately each case turns on its own facts and circumstances.   

39I also take into account the principles of parsimony, proportionality and, given that all offending arises on the one day, totality.  Overall, I must have regard to the total criminality involved and impose a just and appropriate sentence. 

40Having balanced all factors, I consider that the only just and appropriate sentence in your case is one of imprisonment with a non-parole period. 

41Your Counsel submits that the circumstances in your case justify a shorter than usual non-parole period.  In fixing the non-parole period I have taken into account all relevant factors, including the importance of general deterrence, your plea of guilty, your personal circumstances and your prospects of rehabilitation.  I intend to impose a shorter non-parole period that I might otherwise have imposed, to best facilitate your rehabilitation at this point in time and in turn protect the community.  

Sentence

42Synthesising all relevant matters, you are convicted and sentenced as follows –

43Charge 1,3 years’ and 1 month imprisonment.

44Charge 2,3 months imprisonment.

45Charge 3,5 months’ imprisonment.

46Charge 4, 5 months’ imprisonment.

47And the summary offence of proceeds, two months imprisonment.

48In terms of orders for cumulation, the base sentence is Charge 1 and I am cumulating on Charge 3 and Charge 4, one month each.  That amounts to a total effective term of three years and three months imprisonment, with a minimum non-parole period of one year and nine months.

49I declare that you have served 336 days as pre-sentence detention. So that will come off the sentence and pursuant to s6AAA, had you not entered a plea of guilty, I would have sentenced you to some four years and seven months imprisonment, with a non-parole period of two years and eleven months. You can take a seat. Now counsel, the ancillary orders, can you just remind me?

50MS HOGG:  There's no ancillary orders, Your Honour.

51HER HONOUR:  No.  And do I need to make a declaration that is because of the community quantity charge that he has been sentenced as a serious offender, I do not need to make that declaration?

52MS HOGG:  No, Your Honour.

53HER HONOUR:  No, very well, thank you.  All right, counsel is there anything further then?

54MS HOGG:  Nothing further.

55HER HONOUR:  All right.  Now Ms Greener, from my memory, if it serves me correctly, you're required elsewhere.  Shall I ask the officers if they're content for Mr Siviloglou to stay in court for a moment, just so that you can speak to him here?

56MS GREENER:  Thank you, Your Honour.

57HER HONOUR:  Very well.  Officers, is it fine, once everybody leaves the courtroom, for his counsel to speak Mr Siviloglou before you take him downstairs?

58PRISON OFFICER:  Yes, Your Honour.

59MS GREENER:  I'm grateful, Your Honour.  Thank you.

60HER HONOUR:  Very well, thank you.  All right so Mr Siviloglou, just remain where you are, Ms Greener will speak to you in case you have any questions about the sentence I have just imposed, all right.  All right, counsel thank you for your assistance, we will adjourn.

61MS HOGG:  As Your Honour pleases.