District Court
New South Wales
Medium Neutral Citation: R v Kariolakis [2023] NSWDC 350 Hearing dates: 21 July 2023 Date of orders: 1 September 2023 Decision date: 01 September 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time imprisonment. For orders see [88].
Catchwords: Crime - sentence – multiple offences - assault with intent to rob armed with offensive weapon – steal from the person – robbery armed with offensive weapon – deal with property proceeds of crime.
Legislation Cited: Crimes Act 1900
Cases Cited: BT v R [2012] NSWCCA 128
Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1
Chung v R [2017] NSWCCA 48
Director of Public Prosecutions (Cth) v De La Rosa (2010); 79 NSWLR 1; [2010] NSWCCA 194
DS v R [2017] NSWCCA 37
R v Dong [2021] NSWCCA 82
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v Speeding (2001) 121 A Crim R 426; [2001] NSWCCA 105
R v Van Ryn [2016] NSWCCA 1
Veen v R [No. 2] (1988) 164 CLR 465; [1988] HCA 14
Category: Sentence Parties: The Crown (Department of Public Prosecutions)
The offender (Valandis Kariolakis)Representation: Counsel:
Solicitors:
Mr D Pace (for the offender)
Ms D Panagiotopoulos
File Number(s): 2022/223639 Publication restriction: Nil.
REMARKS ON SENTENCE
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The offender is to be sentenced in respect of the following three offences to which he has pleaded guilty:-
H89946627/5: Assault with intent to rob armed with offensive weapon pursuant to s 97(1) of the Crimes Act 1900.
The maximum penalty for this offence is 20 years imprisonment.
H89946672/2: Robbery armed with offensive weapon pursuant to s 97(1) of the Crimes Act 1900.
The maximum penalty for this offence is 20 years imprisonment.
H89946672/3: Robbery armed with offensive weapon pursuant to s 97(1) of the Crimes Act 1900.
The maximum penalty for this offence is 20 years imprisonment.
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There is a Form 1 attached to Sequence 3, being Sequence 4 - an offence of deal with property proceeds of crime less than $100,000 pursuant to s 193C(2) of the Crimes Act 1900. There is further Form 1 attached to Sequence 5, namely Sequence 6 - an offence of steal from the person value less than $2,000 pursuant to s94(b) of the Crimes Act 1900. The offender has admitted his guilt in respect of each of the matters on the Forms 1, and has asked that each be taken into account on sentence.
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Each of the offences occurred on 29 July 2022. The offender was arrested on that day and has been in custody on remand ever since. He entered an early plea of guilty in the Local Court and was committed for sentence on 30 March 2023.
The sentence hearing
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The sentence hearing took place on 21 July 2023. The Crown sentence summary became Exhibit A and it included a statement of agreed facts which may be summarised as follows.
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At about 4.17pm on Friday 29 July 2022…
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- AGLC
- R v Kariolakis [2023] NSWDC 350
- Case
- [2023] NSWDC 350
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court were whether the trial judge erred in applying the law in relation to the multiple offences, and whether the sentence imposed was manifestly excessive. The court needed to consider the principles of double jeopardy, the nature of the offences, and the sentencing principles applicable to multiple offences. The appellant argued that the offences were not properly distinguished, resulting in a misapplication of the law. Additionally, the appellant contended that the sentence imposed was manifestly excessive, considering the totality of the circumstances.
The court examined the principles of double jeopardy and the applicability of the principle of ‘same evidence’ in the context of multiple offences. The court held that the trial judge correctly identified and distinguished the offences, and there was no misapplication of the law. Regarding the sentence, the court considered the severity of the offences, the appellant’s criminal history, and the need for general and specific deterrence. The court found that the sentence was not manifestly excessive, taking into account the totality of the circumstances.
The court dismissed the appeal against conviction and sentence. The orders included a full-time imprisonment term, details of which are provided in the reasons for judgment at [88].
Orders
Orders of the court
Full-time imprisonment. For orders see [88].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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