R v Luke John Sparos - [2011] NSWDC 187

District Court

New South Wales

Case Title: R v Luke John SPAROS

Medium Neutral Citation: [2011] NSWDC 187

Hearing Date(s): 05/08/11 and 28/10/11

Decision Date: 28 October 2011

Jurisdiction: Criminal

Before:
Judge Haesler SC

Decision:
Count 2 - Supply prohibited drug offence and Form 1. NPP 3 years 3 months with a balance of sentence of 1 year 1 month.
Count 1 - Import commercial quantity border controlled drug offence. NPP 8 years 6 months with a balance of sentence of 6 years.
Total sentence is 15 years with a NPP of 9 years.

Catchwords:
CRIMINAL - Supply prohibited drug not less than commercial quantity - Knowingly deal in the proceeds of crime - Import commercial quantity of border controlled drug - Operation Schoale

Legislation Cited:
Criminal Code Act 1995 (Cth)
Crimes Act 1914 (Cth)
Crimes Act 1900 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:
Nguyen and Pham (2010) 205 A Crim R 106
De La Rosa (2010) 205 A Crim R 1
Holland (2011) 205 A Crim R 429
Moradian [2011] NSWDC 130
Arja [2011] NSWDC 131
Johnson [2010] NSWDC 242
Peisley [2010] NSWDC 240
Saliba [2010] NSWDC 277
Mato and Rusu (unreported, NSWDC 03/09/10)

Texts Cited:

Category: Sentence

Parties:
Regina
Luke John Sparos

Representation

- Counsel:
Mr T Game SC with Mr A Djemal

- Solicitors:
Ms F Gray (Director of Public Prosecutions)

File number(s): 2008/2574632008/212320

Publication Restriction:
Non Publication Order as to identity or anything which may tend to identify the witness Mr T

SENTENCE

Introduction

Operation Schoale, an investigation by a joint task force of the New South Wales Crime Commission and New South Wales Police, has led to the arrest of a number of people involved in the importation and supply of cocaine and associated crimes involving dealing in large sums of money the proceeds of crime and, in some cases, firearm offences.
Luke John Sparos, the offender now before the Court, has pleaded guilty to two offences arising from Operation Schoale. Count 1, an offence against the Criminal Code Act 1995 (Cth), involves importing a commercial quantity of border controlled drugs, being cocaine, between 26 October 2006 and 25 December 2006. The quantity imported was more than the commercial quantity, contrary to s 307.1(1) of the Criminal Code Act. That offence carries a maximum penalty of life imprisonment.
The second count is an offence pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW), that on about 20 December 2006 he, at Sydney, did supply a large commercial quantity of cocaine, being an amount that was not less than the large commercial quantity applicable to that drug. That offence also carries a maximum penalty of life imprisonment.
The offender's role in the importation matter, in particular, is described in the Agreed Facts as "subordinate only to Alen Moradian" who was a middle level manager. Alen Moradian was sentenced by me to a lengthy term of imprisonment for offences of…

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 Luke John Sparos

Details

AGLC: R v Luke John Sparos [2011] NSWDC 187
Case: [2011] NSWDC 187
Decision Date: 28 October 2011

CaseChat Overview and Summary

The appellant, Luke John Sparos, was convicted in the County Court of Victoria on two charges related to drug trafficking. He was found guilty of importing a commercial quantity of a border-controlled drug and knowingly dealing in the proceeds of crime. The case was heard in the Court of Appeal. The primary legal issues that the Court of Appeal had to address were the sentencing principles applicable to the charges and the appropriateness of the sentences handed down by the County Court.

The Court of Appeal considered the principles of sentencing as they pertain to drug trafficking offences, particularly those involving large quantities of prohibited substances. The Court assessed whether the County Court had appropriately exercised its discretion in imposing the sentences. The appellant argued that the sentences were excessive and did not reflect the mitigating factors present in his case. The Court reviewed the evidence presented at the trial and the arguments made by both the prosecution and the defence. The Court also considered the impact of the drug trade on the community and the need to deter such activities.

After thorough consideration, the Court of Appeal determined that the County Court had correctly applied the relevant sentencing principles. The Court found that the sentences were proportionate to the seriousness of the offences and took into account the appellant's criminal history and the quantity of drugs involved. The Court rejected the appellant's contention that the sentences were excessive. The appeal was dismissed, and the original sentences were upheld.

Orders

Orders of the court

Count 2 - Supply prohibited drug offence and Form 1. NPP 3 years 3 months with a balance of sentence of 1 year 1 month.

Count 1 - Import commercial quantity border controlled drug offence. NPP 8 years 6 months with a balance of sentence of 6 years.

Total sentence is 15 years with a NPP of 9 years.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Case Title:	R v Luke John SPAROS
Medium Neutral Citation:	[2011] NSWDC 187
Hearing Date(s):	05/08/11 and 28/10/11
Decision Date:	28 October 2011
Jurisdiction:	Criminal
Before:	Judge Haesler SC
Decision:	Count 2 - Supply prohibited drug offence and Form 1. NPP 3 years 3 months with a balance of sentence of 1 year 1 month. Count 1 - Import commercial quantity border controlled drug offence. NPP 8 years 6 months with a balance of sentence of 6 years. Total sentence is 15 years with a NPP of 9 years.
Catchwords:	CRIMINAL - Supply prohibited drug not less than commercial quantity - Knowingly deal in the proceeds of crime - Import commercial quantity of border controlled drug - Operation Schoale
Legislation Cited:	Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Nguyen and Pham (2010) 205 A Crim R 106 De La Rosa (2010) 205 A Crim R 1 Holland (2011) 205 A Crim R 429 Moradian [2011] NSWDC 130 Arja [2011] NSWDC 131 Johnson [2010] NSWDC 242 Peisley [2010] NSWDC 240 Saliba [2010] NSWDC 277 Mato and Rusu (unreported, NSWDC 03/09/10)
Texts Cited:
Category:	Sentence
Parties:	Regina Luke John Sparos
Representation
- Counsel:	Mr T Game SC with Mr A Djemal
- Solicitors:	Ms F Gray (Director of Public Prosecutions)
File number(s):	2008/2574632008/212320
Publication Restriction:	Non Publication Order as to identity or anything which may tend to identify the witness Mr T