R v Gouliaditis (No 2)

[2016] NSWDC 216

District Court

New South Wales

Medium Neutral Citation:	R v Gouliaditis (No 2) [2016] NSWDC 216
Hearing dates:	22 July 2016
Date of orders:	22 July 2016
Decision date:	22 July 2016
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	The offender is referred for assessment as to his suitability to serve his sentence by way of an Intensive Corrections Order
Catchwords:	CRIMINAL LAW- Sentence – Form 1 – Ongoing supply of prohibited drug – Possess prohibited weapon – Taser – Methylamphetamine – 1-4 Butanediol – Exceptional circumstances justifying sentence other than full time custody.
Cases Cited:	EF v R [2015] NSWCCA at 36,
Category:	Sentence
Parties:	The Crown Nicholas Gouliaditis
Representation:	Counsel: Mr P Boulten SC - The offender   Solicitors: Director of Public Prosecutions Marsdens Law Group - Offender
File Number(s):	2014/246261

Judgment

1. HIS HONOUR: I will begin these remarks on sentence by repeating what I said on the last occasion Mr Gouliaditis appeared before me. Drugs are terrible things and users of drugs are often, indeed almost always when they are using drugs, terrible people. They lie, they cheat and they deceive as they pursue their desperate need to obtain drugs. The people who are responsible for much of this misery are drug dealers such as the offender who appears for sentence today. It is for this reason - the harm the drug dealers cause - that ordinarily those who are detected dealing in drugs receive severe, even harsh sentences.

2. This offender’s decision to become a drug dealer to supply his own habit was one made when he was himself addicted to drugs. He decided to fund his addiction by supplying drugs to others. He was not one of those drug dealers who was attracted to that criminal activity by the promise of easy money and a luxurious lifestyle. Nevertheless through his drug dealing activities he exposed others to the awful consequences of drug use and drug addiction. His behaviour was wrong and seriously so.

3. The offender had been a recreational drug user for some time since he was attending university. In 2001 he was fined for three offences of possessing a prohibited drug. He tried to abstain but after that drifted back to using drugs a few years later. His mental health went downhill in around 2012, at that time he broke up with a partner, briefly he reunited but then realised that the relationship would not be re-established. A further stress occurred when his parents became aware of his sexuality. Although his parents are fully supportive of him now their reaction when they learnt that he was a homosexual was not a happy one. He was depressed and used drugs to deal with it. At first ice helped him to deal with his emotions, that drug made it easier for him to work and socialise, but as is always the case such improvement was highly temporary. As his usage increased he became depressed and ashamed and began to hate himself.

4. His drug use escalated to the stage…