Director of Public Prosecutions v Stergiopoulos

[2014] VCC 2135

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-13-02201

DIRECTOR OF PUBLIC PROSECUTIONS

v

VASILEE STERGIOPOULOS

---

JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	12 December 2014
CASE MAY BE CITED AS:	DPP v STERGIOPOULOS
MEDIUM NEUTRAL CITATION:	[2014] VCC 2135

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. McWilliams
For the Offender	Mr N. Nikakis

HIS HONOUR: 

1Vasilee Stergiopoulous.  You have pleaded guilty to one charge of trafficking in a drug of dependence in a commercial quantity.  That crime carries a maximum penalty of 25 years' imprisonment.  You pleaded guilty at the earliest reasonable opportunity and indeed to a settled indictment.  You are 26 years of age with no prior convictions and I am assuming nothing pending. 

2You have expressed through psychologists, and I suspect very deeply to your family, appropriate remorse.  I accept that your plea of guilty is accompanied by that.  You must also of course get the utilitarian benefit of that plea of guilty in saving the community the cost of a trial.  I would have thought that but for your grabbing of the policeman's hand you would have had a chance in a trial, so I take that into account. 

3The circumstances of the offending are described in the Crown opening.  I have been given certain information from the Bar table which I see no reason to reject and the Crown do not demur from that. 

4The offence took place on 19 June 2013 in Thornbury.  At that time, you were employed with Red Energy in Richmond East as a customer service operator.  You were living in South Morang.  You were effectively the owner of a grey Holden Commodore sedan.  On Wednesday 19 June 2013 Victoria Police were investigating possible drug trafficking activities from business premises known as the Midnight Ink Tattoo Parlour at 616 High Street in Thornbury.  They were carrying out surveillance.  I am told, and for these purposes accept, that on that morning you went to Doncaster and picked up a Mr Koda.  Mr Koda placed the drugs in the boot of your car and subsequently gave you some money.  I accept that you were aware that there was a significant quantity of methylamphetamine in the car and, knowing that, then transported Mr Koda into Thornbury.

5At about 12.30 pm on that day, police observed your car parked outside 624 High Street, Thornbury.  You got out of the vehicle and approached the boot of the vehicle.  Another male, that is Mr Koda, exited the Midnight Ink Parlour and met up with you.  It was at this point in time that the police had commenced the observations.  That male was Mr Koda, as accepted by the Crown.  The two of you then crossed High Street together and entered a nearby café called Melissa's Café.  Police drove past the café and it seems clear that Mr Koda recognised them as police.  The police then drove off.  A short time later, he was observed by police walking from the western side of High Street, a short distance from Melissa's Café.  I am told by your counsel and have no reason to doubt that he had realised he was under surveillance and was simply leaving you to it. 

6A short time later, police were travelling along Woolton Avenue and they saw you driving the vehicle in a westerly direction.  They followed you into St Georges Road and arrested you there.  They identified themselves to you.  You told them you were late for work.  The arresting senior constable instructed you to put the ignition key in the centre of the console which you did.  He then approached the front passenger side of the vehicle and opened it.  As he attempted to open the glove box in order to press the boot release, you grabbed his hand hard up against the glove box.  You told him he was not to search the boot.  Understandably he took no notice of that and reached into the centre console and grabbed hold of the key.  You grabbed hold of his hand, squeezing his fingers very hard.  You are not charged with assault police and that is put into the context of you being fully aware that there were illicit substances of a significant degree in the boot of the car, which is the evidentiary value that it has in terms of post-offence conduct. 

7A search was conducted of you and the vehicle.  In your underwear was found to be slightly in excess of $5,000.  CCTV apparently shows Mr Koda giving you this money in the minutes preceding you being searched.  Inside the boot of the vehicle was a yellow and black plastic shopping bag which you had purchased yourself some months earlier.  It contained a plastic bag containing 501.1 grams of methamphetamine and a brown paper bag containing 18 smaller plastic bags containing methamphetamine, again with a total weight of 501.5 grams.  Clearly those bags were - in the second instance, at least - packaged ready for sale.  You have pleaded guilty to trafficking, so it matters little what the state of the drugs were; they were in your possession for the purpose of trafficking. 

8On the material before me, I would have to sentence on the basis that you were a courier of very short standing and that Mr Koda certainly was in a superior position to you in this operation.  He, as I understand it, has not been charged, and I have nowhere to go with that.  Interestingly, the bags were tested for DNA and whilst there were multiple contributors, you were excluded as a contributor to the packaging of the actual drugs.  A electronic pocket scale was found at your premises, but it would be insufficient to link that to this packaging and I have to accept that the drugs were contained from Koda on that morning, if it can be said in that sense that they were obtained from him. 

9Ice is an ugly drug and the courts have to give effect to general and specific deterrence as well as denunciation and appropriate punishment.  I would have thought, having read the material presented on your behalf, that specific deterrence in your circumstances would not need to be of great significance.  You would fully realise that were you to be caught in a position such as this again, the sentence that you received would be a very significant one indeed.  General deterrence obviously have to play a very significant part and those general deterrence render an active custodial sentence, in my view, inevitable, despite the level of your involvement in this particular act of trafficking.  There is not many cases that are on all fours with this, and counsel has mentioned a couple which I have been involved in myself previously. 

10Tendered on your behalf was a report from Mr Jeffrey Cummins which I have read, and an earlier report for a bail application, I am assuming, from a Mr Ball, a psychologist.  They outline your background.  You have had difficulties during your childhood, particularly with the mental health issues involving your father.  I accept that you are possibly avoidant of what effect that may have had on you in the long term.  It is clear, however, that in real terms, so far as Verdins is concerned, there is nothing wrong with you.  You have used drugs in the past.  You are currently not using and I accept that.  You seem to have insight now into the fact as to what could occur if you do. 

11In terms of positive matters, you have stable accommodation.  You are now married.  You have work available to you if you are released in the near future with a poultry producer at Langwarrin South.  So not on drugs, with work, with stable accommodation in a stable relationship, I think that the prospects of your rehabilitation should be good and the risk of you reoffending should not be great at all.  I note that you also have good family support in court. 

12You have already done the six months and I am always reluctant to send people back once they have been released.  I think that can often be a retrograde step.  During the time of your freedom, now approaching a year, you have been under a curfew, you have had reporting conditions and you have been able to disassociate yourself from Mr Koda who should have been your co-accused.  I am going to take all those matters into account.  They moderate the sentence that I might otherwise have imposed. 

13Accordingly, on the charge of trafficking a drug of dependence, commercial quantity, you are sentence to be imprisoned for a period of 12 months.  I direct that you serve 174 days before becoming eligible for parole.  I direct that 174 days be reckoned as having been served under this sentence. 

14I obviously sentence on the basis that I have to assume you would complete or serve that entire sentence and there has been some discussion between myself and counsel as to the difficulties that that involves.  Unfortunately in your situation, I think that the seriousness of the charge of commercial quantity of ice precludes the proper application of a community corrections order.  I will say openly that this would have been a perfect circumstance for a partially suspended sentence, which now of course have been abolished for some time.  What I will do is I will put on the documents that will accompany you to the gaol that it is my desire that you be considered for parole as early as possible.  I will send today the psychological reports together with the Crown opening and as soon as my sentencing remarks are available and revised I will send them as well. 

15Pursuant to s.6AAA I say but for your plea of guilty I would have sentenced you to be imprisoned - had the matter proceeded on this limited evidence - to 18 months with 12 to be served. 

16There is no other orders I have to make, gentlemen?  

17MR McWILLIAMS:  I think there is some ‑ ‑ ‑

18HIS HONOUR:  I have made the disposal and the - they are done. 

19MR McWILLIAMS:  As Your Honour pleases. 

20HIS HONOUR:  All right.  I thank counsel for the - with each of you - usual succinct submissions.  It is appreciated, I can assure you. 

‑ ‑ ‑