Director of Public Prosecutions v Tripos
[2020] VCC 1853
•20 November 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-18-01895
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| GEORGIA TRIPOS |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | November 2020 | |
DATE OF SENTENCE: | 20 November 2020 | |
CASE MAY BE CITED AS: | DPP v Tripos | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 1853 | |
REASONS FOR SENTENCE
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Subject: Criminal law – sentencing - trafficking
Catchwords: Drug of dependence – knowingly deal with proceeds of crime – no prior criminal history – good rehabilitation prospects – community correction order imposed
Legislation Cited: Sentencing Act 1991
Cases Cited: Boulton v R (2014) 46 VR 308, 335
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A Buckland | Abbey Hogan, Solicitor for the Director of Public Prosecutions |
| For the Accused | Mr. D. Sheales (Plea) Ms J. Fayman (Sentence) | Fayman Lawyers |
HER HONOUR:
1 Georgia Tripos, you have pleaded guilty to two charges on the indictment, one charge of trafficking in a drug of dependence, and one charge of knowingly dealing with proceeds of crime.
2 The charges are serious and that is evidenced by the maximum penalty imposed and that is 15 years' imprisonment, and that applies to both charges on the indictment.
3 I shall proceed to sentence you on the basis of the summary of the prosecution opening dated 27 October 2020.
4 You were aged 25 at the time of the offending. You are now aged 29. Your co‑accused, Kristiana Karakostas, was aged 24 at the time of the offending. She was jointly charged with you and she was sentenced on 12 June 2020 to a Community Correction Order for three years with conditions including 150 hours unpaid community work and supervision, and convictions were recorded.
5
At the time of the commission of the offences, you were working with
Ms Karakostas at a real estate agency in Mount Waverley.
6 In brief summary, between 1 February 2017 and the time of your arrest on 15 March 2017, you and Karakostas were jointly involved in the commission of the offence of trafficking in the drug of dependence, cocaine, in that you entered into an agreement, arrangement or understanding that you would traffick that drug together. You trafficked in cocaine by selling it, agreeing to sell it, offering it for sale, and having it in your possession for sale. You would receive orders by mobile telephone and then would either deliver the cocaine or arrange to meet the buyer to complete the sale.
7
Together you advertised cocaine for sale on “Craigslist” during the charged period. On 22 February 2017, you sold cocaine to a Victoria Police covert operative who responded to one of your advertisements. Further evidence of your trafficking was located on mobile telephones used by you that were seized upon your arrest, in addition to the cocaine that was located during the searches police conducted on the day of both your arrest and also
Ms Karakostas' arrest.
8 You both trafficked in the drug of dependence ethylpentylone by having it in your possession for sale on the day of your arrest on 15 March 2017.
9 Police located 343 grams of ethylpentylone when they searched your home. Ethylpentylone is a drug of dependence as it is an analogue of pentylone. The commercial quantity for pentylone and therefore its analogues is, and was at the time, 100 grams. Although you possessed a commercial quantity of the drug, the agreed basis of resolution is that you did not intend to traffick in a commercial quantity of it. You will be sentenced on the basis of that concession.
10 The full details of the circumstances of your offending are set out in paragraphs 7 to 23 of the Crown opening which I do not propose to repeat.
11 You were arrested by police whilst driving a vehicle in the vicinity of Karakostas' home in Glen Iris. On your arrest, police located $3,136.70 cash in the vehicle as well as an Alcatel mobile phone and an Apple laptop computer.
12 You were arrested and taken to the Caulfield Police Station. When formally interviewed you declined to comment in respect of the allegations of drug trafficking which is in accordance with your rights.
13 When police later searched the bedroom at your home, they found a further $3,350 in cash in a safe; the two amounts of cash total $6486.70, and that constitutes the circumstances of knowingly deal with the proceeds of crime, Charge 2.
14 Notebooks and two resealable plastic bags containing white powder were found, and one of those bags was analysed and found to contain 0.1 grams of cocaine. There were four cocaine purity tests kits found in your ensuite.
15 Subsequent analysis of the mobile phones that police seized from you and Karakostas revealed messages, that showed 49 sales or offers to sell cocaine taking place between 2 February 2017 and 10 March 2017 including two occasions involving covert police operatives. The total amount alleged to have been sold was 68.5 grams and a further 7 grams offered to be sold. Each of the occasions were particularised and are set out in Appendix A of the opening that identifies the relevant SMS messages.
16 The Apple iPhones seized from you both were also analysed, and they showed messages between you and Karakostas, and other items found on your phones which showed that you were jointly involved in the trafficking of cocaine on the Nokia mobile phone.
17 During the period you were jointly trafficking cocaine together, there were also a number of messages in which you discussed the purchase of a quantity of another drug of dependence referred to as "m" and the messages between you and Karakostas about the purchase and dealing with a supplier were sent between 26 February 2017 and 7 March 2017 and they are set out in Appendix B of the opening.
18 The messages relate to the purchase of ethylpentylone found at Karakostas' home on the day of your arrest. Those messages indicate that she had arranged to purchase the "m" for $12,500.
19 It is alleged by the prosecution the ethylpentylone was in Karakostas' possession for sale, and that you were involved in the commission of the offence by having entered into an agreement, arrangement, or understanding with her to commit the offence of trafficking in a drug of dependence.
20 Ms Tripos, you do not have any prior criminal convictions, nor have you been charged with any criminal offences subsequently.
21 Following your arrest on 15 March 2017, you were bailed on strict conditions with a surety at the filing hearing on 16 March 2017.
22 Your matter was the subject of a contested committal hearing and you were ultimately committed for trial on 14 September 2018. There was a delay experienced that was out of your control, due to the DNA analysis not being completed at an earlier time.
23 On 17 September 2018, at the initial directions hearing, an indication was given to the court that you intended to plead guilty to trafficking cocaine.
24 Ultimately your matter resolved on 21 September 2020, following further discussions about outstanding issues, and the indictment was settled.
25 It is accepted that your role in the offending was equal to that of Ms Karakostas and that you will be sentenced on the same basis as her, having regard to the facts and circumstances outlined in the Crown opening.
26 Ms Tripos, the offending is serious and does reflect trafficking activity that is above street level. Both you and Ms Karakostas were organised and trafficked a significant amount of drugs over the charged period. Ordinarily, such trafficking would warrant the imposition of a term of imprisonment to be immediately served. General deterrence, denunciation, and the protection of the community are very important sentencing considerations.
27 However, just as in Ms Karakostas' case, there are a number of compelling mitigatory circumstances in your case, that combine such that the imposition of a gaol term is not warranted.
28 The prosecution has conceded on the basis of parity and the matters put in mitigation that a Community Correction Order is an appropriate sentence in all the circumstances.
29 I will proceed to sentence you on the basis that you are being sentenced for trafficking simpliciter, however, the amount of drug involved does place this offence at the higher end for this sort of offence.
30 I have had regard to your personal history and circumstances. I note that you have an older sister and a younger half-sister. Your parents separated when you were very young. Your parents' marriage was somewhat difficult. It is described as being an abusive relationship and it was impacted adversely by your father's addiction to heroin. Your mother went on to remarry and you have a younger sister who is the child of that relationship.
31 You experienced abandonment and rejection issues from around age six and Ms Brown describes you experiencing abandonment and rejection issues triggered through your involvement with men over the years.
32 You suffered bullying at school, and you changed school in Year 12. You were able to complete Year 12 and eventually completed a Fine Arts degree in 2014.
33 You have had difficulties with substance abuse, and also abusive relationships and mental health issues over the years.
34 I do not propose to discuss in further detail, those issues, but I have had regard to the contents of the report that was provided by Amanda Brown, who is a very experienced drug and alcohol counsellor, who specialises in dealing with aiding addicts in their treatment and recovery. She has been seeing you since 3 September 2017 on a regular basis.
35 I am satisfied that you have participated in a genuine way and your participation has been significant, as I am now satisfied, having regard to the material that she refers to that you have been drug-free since you have been under her care and that is significant, given the fact that at the time of the commission of these offences, you were heavily addicted to illicit substances, and heavily enmeshed in the drug using sub-culture.
36 I am satisfied, having regard to your participation in her rehabilitation program, that that demonstrates a real commitment to change, and also is reflective of your degree of reform and transformation and your rehabilitation prospects.
37 I note that since your arrest, you have completed various other courses and you have now established your own business in 2020 as a beauty therapist, and in addition, you have also got personal training qualifications.
38 Your matter has been the subject of intense media scrutiny at times and because of that high level of publicity and scrutiny you have suffered adversely as a consequence. I have had regard to what was written in your step-father's reference, in terms of the difficulties that you have had in securing any form of employment because of the notoriety that your case has had in the media over the years.
39 Overall, I do consider that you have excellent prospects for rehabilitation. You have been on strict bail conditions since your release on 16 March 2017 and a significant period of time has now elapsed, where you have been able to demonstrate your reform.
40 I have also had regard to the information and comments made by the various referees, including Ms Visor, Ms Swan, your step-father Mr Totovoksi, your step-sister, and mother, and your older sister, as well as the long-term family friend, Mr Yunnan.
41 I accept their comments that they consider that you have made real efforts to address your underlying offending behaviour, that you are genuine in terms of your remorse, and that you have worked very hard to win back their trust.
42 Your step-father in his letter to the court confirms that some of your family members did not trust you for a period of time, but you have worked hard to repair this, and you are now being more open and transparent with your family members, and that has been observed, and is appreciated. In particular, you have worked hard to repair damage to relationships, helping family and friends and you have also spent a lot of time with your grandparents whom you care for immensely. He believes that the offending is out of character, and that you are now on a better path in terms of the future.
43 I have had regard to his remarks, and also the remarks made by the other referees that do reflect those comments. I accept that your rehabilitation to date and progress to date is genuine and real.
44 You now have a number of significant and stable protective factors, that will assist you in not reverting back to your old lifestyle. Fortunately, this episode has been a real catalyst for change for you, and you have ceased your involvement with drug-using, and also the sub-culture associated with that, and you are now committed to a more law-abiding lifestyle. Fortunately, you do have the strong support of your mother, step-father, and extended family, who will aid you in the future and provide you with that excellent support and stability.
45 I have had regard to the matters put in mitigation; I consider that your plea is one of genuine utility. You have spared the state the cost and inconvenience of a trial. You have facilitated justice and the sentence will be discounted accordingly. I accept that you have now taken every opportunity to make amends for your offending, and you do accept full responsibility for your actions.
46 Importantly, what you have done to address your underlying offending behaviour, between the time of your arrest and this sentence today, does demonstrate ample and powerful rehabilitation
47 To sentence you to a term of imprisonment now would be counterproductive and would have the real potential to undermine the work that you have done to date.
48 I have had regard to the long delay in bringing the matter to conclusion and the fact that this matter has been hanging over your head for quite some years, and that that has caused you further anxiety. But nonetheless, you have made the most of that time, and addressed your offending behaviours.
49 I consider that your plea of guilty is reflective of genuine remorse. I consider the likelihood of reoffending is reduced.
50 You do not have any prior criminal convictions and I have taken your otherwise good character into account.
51 Your rehabilitation is a very important part of this sentence. It is important that you do continue your life as it has now evolved over the last three years and eight months, and that you continue to build on the skills and the support and assistance that you have, so that you can be a more responsible citizen, who can contribute in a more positive manner to our community.
52 Overall, because of your remarkable transformation, I consider that the most appropriate sentence to be imposed is a Community Corrections Order.
53 I have regard to the guideline judgment of Boulton.
54 In sentencing you, I must impose just punishment. Notwithstanding, this is a relatively serious offence, which might otherwise have attracted a medium term of imprisonment, I do consider given your personal circumstances, that the community correction order to be imposed, is capable of satisfying the requirements of proportionality and just punishment, whilst affording you the best prospect for consolidating your rehabilitation.
55 The fact that a Community Correction Order is being imposed does not deny that the offending is serious. It is serious but is because of your extraordinary efforts and the evidence of demonstrated rehabilitation, that I propose to make the orders that I have discussed earlier.
56 The formal Court orders are in relation to Charge 1, trafficking drug of dependence; Charge 2, knowingly deal proceeds of crime; you will be convicted and ordered to be placed on a Community Correction Order for three years with supervision, with the additional condition that you perform 150 hours of unpaid community work.
57 I make the forfeiture order sought, in relation to the $6,486.70 cash.
58 I make the following declaration pursuant s.6AAA, but for your plea of guilty, I would have imposed a term of imprisonment for three years to serve
18 months.
59 Now, I will speak with Georgia directly. I believe I have covered all of the formal orders, the ancillary orders that were requested.
60 MR BUCKLAND: I would just like to clarify that with Your Honour. There are two I think orders, provided by my instructor to the court.
61 HER HONOUR: There was a disposal order sought too.
62 MR BUCKLAND: There was a disposal order, and just your description of the forfeiture order, had some other items as well, Your Honour. I just wanted to check we are talking about the same thing.
63 HER HONOUR: The forfeiture order is in relation to the cash and in addition, the three phones.
64 MR BUCKLAND: I think that is correct, Your Honour. Thank you.
65 HER HONOUR: Yes. The three phones will be included in the forfeiture order. The disposal order is the various drug paraphernalia and accoutrements, and notebooks et cetera. Scales, resealable bags, and test kits that were seized by police at the time they executed the relevant search warrants. So, that disposal order will be made as well.
66 MR BUCKLAND: Thank you, Your Honour. That is clear now.
67 HER HONOUR: That covers off everything?
68 MR BUCKLAND: It does, Your Honour.
69 HER HONOUR: Thank you. All right, so now I will speak directly to Georgia Tripos and I will get her verbal agreement in relation to the Community Correction Order, and the original order, will that be sent through to
Ms Fayman? For her to sign to get her client to sign? Yes, I will take verbal consent. But we will also send a copy to Ms Fayman. All right.
70 Ms Fayman, I will just go through the conditions of the order with your client. I will obtain her verbal consent and then once that is completed, I will sign it and my associate will scan it and send it through to you at your office. All right. That will ensure that your client is able to be provided with a written copy, all right.
71 MS FAYMAN: Thank you, Your Honour. Does Your Honour require a signed copy to be returned to the court in the circumstances?
72 HER HONOUR: I do not believe so; I understand from the emergency case management rules that it just has to be a verbal consent, just certified in court. That will be on the court order.
73 MS FAYMAN: Thank you, Your Honour.
74 HER HONOUR: All right. So, I will speak with Georgia now. Georgia, can you speak to me so that you come up on my big screen in court and I can see you.
75 ACCUSED: Yes, Your Honour. I'm just - I'm muted. Can you see me?
76 HER HONOUR: Yes, I can. Yes, you are up on the big screen now. The Community Correction Order is for three years from today's date. You have been convicted of the two charges, trafficking a drug of dependence, and knowingly deal with proceeds of crime. You are required to attend - it is Box Hill Community Corrections, is it not? They are at 703 Station Street, Box Hill.
77 When you had the interview with Ms Hancock, she would have gone through the core conditions, but I will just repeat those for you. You are not to commit another offence for which you could be imprisoned during those three years. You have to comply with all requirements that you are given and directed to adhere to by the Community Corrections officer who is responsible for managing your matter. So, that will all be explained to you at an induction interview, which is currently being conducted by telephone because of COVID.
78 You have to report to Box Hill Community Correctional Services within two clear working days of the order starting, and also, you have to notify them within two clear working days of any change of address or job. You cannot leave Victoria without first getting their permission to do so, and you must obey all lawful instructions and directions of your Community Corrections officer.
79 Then they will talk to you about how it is that you can perform the 150 hours unpaid community work. It is over three years, so there are special rules in place in relation to COVID currently, so they will talk to you about that. All right.
80 OFFENDER: Yes.
81 HER HONOUR: And you are under their supervision, and they will explain that to you as well. It is important that you understand the effect of the order, that it lasts for three years, and that those conditions attach. Are you satisfied that you understand the nature of the order and the conditions, and are you prepared to consent to it being made?
82 OFFENDER: Yes, Your Honour.
83 HER HONOUR: Thank you. All right, I note that verbal consent has been obtained. I do have to tell you, Georgia, in the event that you contravene, that is, you do not comply with any of that conditions, that is a separate criminal offence, for which you can be punished for up to three months' imprisonment. Plus, you would have to be brought back before me and I would have to deal with the contravention, and I do have power in certain circumstances, to
re-visit the sentencing order. So, it can have serious consequences.
84 OFFENDER: I understand, Your Honour.
85 HER HONOUR: Yes. Look, you have done so well over the intervening period, from the time of your arrest to now. I have got every confidence that provided you draw on those resources that you have built around you, in the community, that you should be able to get through this order without any incident.
86 OFFENDER: I can't thank you enough for giving me that confidence as well, Your Honour, right from the start.
87 HER HONOUR: Yes. It is really important. You have done the wrong thing, there is no doubt about that. But you certainly have faced up to what occurred, and you have done a lot of work to address the underlying offending behaviours. Sitting where I sit, it is not usual to see the depth of feeling and also support reflected in the reference material that I have for you. So, it is important that you acknowledge the support and help that you have been getting from your mum and your step-dad, and your sisters. It has been a tough time I think, for everybody, but you have demonstrated, with conviction, and with proper treatment and support, you can change.
88 OFFENDER: Thank you, Your Honour.
89 HER HONOUR: So, that is important to acknowledge. It is really important to acknowledge all the hard work that you have done over the years. But you have still got a little bit ahead of you to complete this order. I do appreciate the efforts that you have made to date. I do accept that you have been the subject of extraordinary media scrutiny and that must also have had a major impact upon you, and that is something that would be hard to deal with. But you have shown that you have got the courage of your convictions and you have really worked hard with your worker, Ms Brown. So, continue on with that, and you should be able to continue on the path that you are on.
90 OFFENDER: Thank you so much.
91 HER HONOUR: And do well, for the future. All right.
92 OFFENDER: All I can say is thank you to everything that's happened, although it's been tough. It's been the best thing for me because it's brought me back on the right path, and I'm so lucky that I have the family that I have as well, and I will continue for the rest of my life to repay them for this.
93 HER HONOUR: Thank you.
94 OFFENDER: Thank you, Your Honour.
95 HER HONOUR: All right. So that concludes the hearing and I wish you all the best for the future.
96 OFFENDER: Thank you so much.
97 HER HONOUR: Thank you. All right. We will discontinue the proceedings, now, thank you everybody.
98 MS FAYMAN: Thank you, Your Honour.
99 HER HONOUR: Thank you.
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