R v Ilias Karipidis - [2003] NSWCCA 168

NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION: Regina v Ilias Karipidis [2003] NSWCCA 168

FILE NUMBER(S):
60081/2003

HEARING DATE(S): 25/06/2003

JUDGMENT DATE: 25/06/2003

PARTIES:
Ilias Karipidis (Applicant)
Regina (Respondent)

JUDGMENT OF: Ipp JA Buddin J Shaw J

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 01/11/0323

LOWER COURT JUDICIAL OFFICER: Holt ADCJ

COUNSEL:
H Dhanji (Applicant)
M Bracks (C'wlth Crown)

SOLICITORS:
William O'Brien (Applicant)
Commonwealth Director of Public Prosecutions

CATCHWORDS:
Application for leave to appeal against sentence - plea of guilty to importation of trafficable quantity of cocaine - further material relied on - delay - no credit for time spent in custody in determination of head sentence.

LEGISLATION CITED:
Crimes Act
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Customs Act 1901

DECISION:
Application for leave to appeal granted. Appeal allowed (in part). Quash the head sentence of 8 years imposed in the District Court and in lieu thereof applicant sentenced to 7 years and 10 months imprisonment to commence on 9 May 2002 and to expire on 8 March 2010. Non-parole period imposed in the District Court confirmed.

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

60081/03
IPP JA
BUDDIN J
SHAW J
WEDNESDAY 25 JUNE 2003

REGINA v ILIAS KARIPIDIS

Judgment

BUDDIN J: On 19 February 2002 the applicant pleaded guilty on indictment to an offence, in contravention of s 233B(1)(d) of the Customs Act 1901, which alleged that he was, between about 25 June and 7 July 1999, knowingly concerned in the importation of a trafficable quantity of cocaine. He was sentenced on 12 July 2002 to a term of imprisonment for a period of eight years with a non-parole period of four years and ten months. The sentence was ordered to commence on 9 May 2002 from which date the applicant had been in continuous custody. He had however been in custody from the date of his arrest on 6 July 1999 until 26 August 1999 on which date he was released on bail. The maximum penalty for the offence is 25 years’ imprisonment and/or a fine of $500,000.
A statement of agreed facts was admitted into evidence before the sentencing judge. It provides a useful summary of the case which was presented against the applicant and it is therefore convenient to set it out in full:
KARAPIDIS (sic) was involved with 3 others in Australia, David MUNOZ, and Harry KOZONIS and Donna SOUED, in a joint enterprise to import cocaine from Montevideo, Uruguay in the months of May and June of 1999.
An AFP investigation, which included the lawful monitoring and recording of mobile telephone communications made from and received by KARAPIDIS’ and MUNOZ’s mobile phones revealed numerous communications between the four (amongst others) since 26 June 1999 and up to 6 July 1999, in particular on 2 days, 5 and 6 July 1999.
On 26 and 27 June 1999 KARAPIDIS was in contact with people identified as “HANNO “ and “JULES” in Uruguay (the overseas suppliers) by telephone regarding…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Ilias Karipidis

Details

AGLC: R v Ilias Karipidis [2003] NSWCCA 168
Case: [2003] NSWCCA 168
Decision Date: 25 June 2003

CaseChat Overview and Summary

In the matter of the Crown versus Ilias Karipidis, the defendant, the case was heard in the Court of Appeal. The defendant had entered a plea of guilty to the importation of a trafficable quantity of cocaine, and the matter was now before the court for consideration of the sentence imposed. The defendant sought leave to appeal against the sentence, arguing that the sentencing court had not adequately considered additional material that was provided after the original sentencing hearing. The Crown opposed the application for leave to appeal, contending that the delay in submitting the additional material and the lack of credit for time spent in custody should be factors in the determination of the head sentence.

The primary legal issues before the court were whether the defendant was entitled to have the additional material considered and whether there was a justifiable delay in the submission of this material. The court also had to decide if the sentencing court's decision not to grant credit for time spent in custody was appropriate. The court examined the principles of sentencing, the importance of timeliness in the submission of material, and the circumstances surrounding the defendant's custodial period. The court had to balance these factors to determine if the sentence imposed was just and appropriate.

The court found that the additional material submitted by the defendant was relevant and should have been considered by the sentencing court. However, the court held that the delay in submitting this material was unjustifiable and could not be a basis for altering the sentence. The court further determined that the sentencing court was correct in not granting credit for time spent in custody, as the defendant had not demonstrated exceptional circumstances warranting such credit. The court concluded that the sentence imposed was fair and appropriate, taking into account all relevant factors. Therefore, the application for leave to appeal was dismissed.

Orders