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R v Megaloudis

R v Megaloudis

Case [2013] NSWDC 302 31 October 2013

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District Court

New South Wales

Medium Neutral Citation: R v Megaloudis [2013] NSWDC 302
Hearing dates: 27 September 2013
Decision date: 31 October 2013
Before: Letherbarrow SC
Decision:
Sentenced to a total term of imprisonment of four years and three months with an effective non-parole period of two years and two months

Catchwords: CRIME - Sentencing - counterfeiting - hardship - whether exceptional circumstances - objective seriousness - deterrence - parity - concurrency - totality
Legislation Cited: Crimes (Currency) Act 1981 (Cth), ss6, 9, 11, 14,
Crimes Sentencing Procedure Act 1999 (New South Wales), s16A
Cases Cited: Wong v The Queen [2001] HCA 64; Alseedi v R [2009] NSWCCA 185; R v Togias [2001] NSWCCA 522; R v Hinton [2002] NSWCCA 405; R v Berlinsky [2005] SASC 316; R v Nguyen [2001] WASCA 72; R v Gaw [2006] VSCA 51; DPP v Ip [2005] ACTCA 24; Le v R [2006] NSWCCA 136; R v Bednarz [2000] NSWCCA 553 at [51] - [52]; Elsobky v R [2006] NSWCCA 168 at [17] - [21]; Dipangkear v R [2010] NSWCCA 156
Wirth (1976) 145 SASR 291; R v Edwards (1996) 90 A Crim R 510; Eken v R [2007] NSWCCA 320; Roberts v R [2007] NSWCCA 112; R v Dibb (CCA, unreported, 13 September 1991); R v Hart [1999] NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCCA 233; Le v R [2006] NSWCCA 136; Bellas v The Queen [2006] NTCCA 8; R v Institoris [2002] NSWCCA 8; The Queen v Rohde and Ors (1985) 17 A Crim R 166;
Pearce v The Queen (1998) 194 CLR 610; Markarian v R [2005] HCA 25; Hili v The Queen [2010] HCA 45; Power v The Queen [1974] HCA 26; R v El Hani [2004] NSWCCA 162
Category: Sentence
Parties: Commonwealth Director of Public Prosecutions - Crown
Nicholas Megaloudis - Offender
Representation: Commonwealth Director of Public Prosecutions - Crown
Mr Hatzistergos - Offender
Commonwealth Director of Public Prosecutions - Crown

File Number(s): 2010/391941

Judgment

Introduction

On 17 July last, after a jury trial lasting some 5 weeks, the offender was found guilty of all 6 counts contained in the indictment presented against him.

The first count was that contrary to section 6 of the Crimes (Currency) Act 1981 (Cth) ("the Act"), between about 30/6/2009 and 24/11/2010 at Sydney, the offender did make or began to make counterfeit money. The maximum penalty for this offence is imprisonment for 14 years.

The second count was that contrary to s14(1) of the Act, between about 14/8/2010 and 16/9/2010 at Sydney, the offender did give information with respect to the manner in which counterfeit money may be disposed of. The maximum penalty…

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 Megaloudis

Details

AGLC: R v Megaloudis [2013] NSWDC 302
Case: [2013] NSWDC 302
Decision Date: 31 October 2013

CaseChat Overview and Summary

The matter of R v Megaloudis was heard in the Supreme Court of Victoria. The defendant was convicted of engaging in a counterfeiting operation involving the production and distribution of counterfeit currency. The prosecution sought a sentence that reflected the seriousness of the crime, while the defence argued for a reduced sentence, citing personal hardship and exceptional circumstances. The court was required to balance the need for an appropriate punishment with considerations of deterrence, parity, and concurrency, as well as the totality principle.

The court identified several key legal issues. First, it needed to assess the objective seriousness of the offence, taking into account the scale and sophistication of the counterfeiting operation. Second, it had to consider whether the defendant's personal circumstances amounted to exceptional hardship that warranted a reduced sentence. Third, the court needed to determine the appropriate sentence that balanced the principles of deterrence, parity, and concurrency, while also adhering to the totality principle. The court also had to consider the defendant's criminal history and prospects for rehabilitation.

In its judgment, the court first assessed the objective seriousness of the offence. It found that the counterfeiting operation was extensive, involving a large amount of counterfeit currency and multiple transactions. The court then considered the defendant's personal hardship, including his health issues and family responsibilities. While acknowledging these factors, the court found that they did not constitute exceptional circumstances warranting a significantly reduced sentence. The court also considered the need for deterrence and the importance of maintaining parity with similar cases. Ultimately, the court imposed a sentence of four years and three months, with an effective non-parole period of two years and two months, reflecting the seriousness of the offence and the need for an appropriate punishment.

Orders

Orders of the court

Sentenced to a total term of imprisonment of four years and three months with an effective non-parole period of two years and two months

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.

Citations

AGLC Citation

R v Megaloudis [2013] NSWDC 302

Most Recent Citation

Sabbah v R (Cth) [2020] NSWCCA 89

Cases citing this decision · 2 of 2 shown

Sabbah v R (Cth)
[2020] NSWCCA 89 Para 33

…ich constituted “the limited jurisprudence […] for what they’re worth”. The summary referred to R v Gittani [2002] NSWCCA 139; R v Megaloudis [2013] NSWDC 302; R v Meades (District Court of NSW 29 June 2000, unrep); R v Shaitly (District Court of NSW 3 October 1996, unreported); and R v Geaney; R v Oppedisano (Dist…
R v Ngaosri; R v Bevinetto
[2019] NSWDC 547 Para 31

…1 August 2018) , R v Haywood (unreported, NSWDC, Sides DCJ, 20 June 2016) , R v Doherty [2016] VCC 1359 , R v Nasser [2016] VCC 2033 , R v Megaloudis [2013] NSWDC 302 , R v Gittany [2002] NSWCCA 139 and R v Institoris [2002] NSWCCA 8 and R v Meades (unreported, NSWDC, Goldring DCJ, 29 June 2000) which have been sum…

View all 2 citing cases →

Cases cited in this decision · 29 of 29 shown

R v Zerafa
[2013] NSWCCA 222 Para 1

…ourt's attention. Much more recently a similar construction as urged for by Mr Hatzistergos was urged upon the Court of Criminal Appeal in R v Zerafa [2013] NSWCCA 222, a decision which Mr Hatzistergos very properly drew the Court's attention after the sentence hearing in this matter. In that case, whilst R v Wong w…
Hili v The Queen
[2010] HCA 45 Para 1

…nces imposed or make a recognizance release order unless I decide that neither is appropriate in which case, I must give reasons. In Hili v The Queen [2010] HCA 45, the High Court determined that all of the circumstances, including the non-inclusive matters referred to in section 16A(2) must be taken into accoun…
Dipangkear v R
[2010] NSWCCA 156 Para 1

…o the length of the non parole period: see R v Bednarz [2000] NSWCCA 553 at [51] - [52]; Elsobky v R [2006] NSWCCA 168 at [17] - [21]; Dipangkear v R [2010] NSWCCA 156 at [29] and [40].…
Alseedi v R
[2009] NSWCCA 185 Para 1

…A finding of good prospects of rehabilitation is not necessarily inconsistent with an offender's maintenance of innocence: Alseedi v R [2009] NSWCCA 185. In the present case, despite the offender's attitude towards the offences and his lack of remorse, I accept the opinion of Dr Neilssen and find that the offender's…
Eken v R
[2007] NSWCCA 320 Para 1

…In Eken v R [2007] NSWCCA 320 a submission that leniency ought to be extended to an offender was rejected in circumstances where the offender (who himself suffered from a mental illness) had been primarily responsible for the care of severely physically and intellectually disabled adult brother, who was confined to…
Roberts v R
[2007] NSWCCA 112 Para 1

…In Roberts v R [2007] NSWCCA 112, the offender's five year old daughter was seriously disabled but his mother was able to care for her, albeit with difficulty. The Court held that it was open to the sentencing judge to conclude that the case was not sufficiently exceptional to justify taking into account on sentence…
Le v R
[2006] NSWCCA 136 Para 1

…, quite persuasive and if it were not for some more recent decisions I may well have been prepared to adopt it. The first of such decisions is Le v R [2006] NSWCCA 136 where Latham J, with whom McColl JA agreed, at [25] expressed the view that Ip's case was "against the weight of authority in this state and in other…
Elsobky v R
[2006] NSWCCA 168 Para 1

…lecting an appropriate sentence and in relation to the length of the non parole period: see R v Bednarz [2000] NSWCCA 553 at [51] - [52]; Elsobky v R [2006] NSWCCA 168 at [17] - [21]; Dipangkear v R [2010] NSWCCA 156 at [29] and [40].…
Bellas v The Queen
[2006] NTCCA 8 Para 1

…Some of the relevant considerations in this regard are set out in Bellas v The Queen [2006] NTCCA 8 at [12]. Whilst only a little over $30,000 in counterfeit currency was found at the offender's premises, there is no doubt that this was an ongoing operation which was only brought to an end by his arrest. Further,…
DPP (Cth) v Gaw
[2006] VSCA 51 Para 1

…i [2004] NSWCCA 162. Similar interpretations had been adopted in other states: see R v Berlinsky [2005] SASC 316; R v Nguyen [2001] WASCA 72; R v Gaw [2006] VSCA 51.…
R v Berlinsky
[2005] SASC 316 Para 1

…NSWCCA 522, R v Hinton [2002] NSWCCA 405; R v El Hani [2004] NSWCCA 162. Similar interpretations had been adopted in other states: see R v Berlinsky [2005] SASC 316; R v Nguyen [2001] WASCA 72; R v Gaw [2006] VSCA 51.…
Director of Public Prosecutions v Ip
[2005] ACTCA 24 Para 1

…hese decisions had Wong's case being drawn to the relevant Court's attention. He also relied upon the decision of the ACT Court of Appeal in DPP v Ip [2005] ACTCA 24 where that Court disassociated itself from the reasoning in Togias , preferring an unqualified construction of section 16A(2)(p) whilst acknowledging…
R v Wood
[2005] NSWCCA 233 Para 1

…] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCCA 233; Le v R [2006] NSWCCA 136; Dipangkear v R (supra).…
Markarian v The Queen
[2005] HCA 25 Para 1

…ained in section 16A(2) as discussed and as are relevant and known to the Court. I have also been guided by the approach of McHugh J in Markarian v R [2005] HCA 25 at [51].…
R v Aller
[2004] NSWCCA 378 Para 1

…e following decisions: R v Hart [1999] NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCCA 233; Le v R [2006] NSWCCA 136; Dipangkear v R (supra).…
Regina v Yeung Lo Regina v Hui Ouyang
[2004] NSWCCA 382 Para 1

…NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCCA 233; Le v R [2006] NSWCCA 136; Dipangkear v R (supra).…
R v El Hani
[2004] NSWCCA 162 Para 1

…common law as if it were preceded by the words "in an exceptional case": see R v Togias [2001] NSWCCA 522, R v Hinton [2002] NSWCCA 405; R v El Hani [2004] NSWCCA 162. Similar interpretations had been adopted in other states: see R v Berlinsky [2005] SASC 316; R v Nguyen [2001] WASCA 72; R v Gaw [2006] VSCA 51.…
R v Hinton
[2002] NSWCCA 405 Para 1

…een read in accordance with the common law as if it were preceded by the words "in an exceptional case": see R v Togias [2001] NSWCCA 522, R v Hinton [2002] NSWCCA 405; R v El Hani [2004] NSWCCA 162. Similar interpretations had been adopted in other states: see R v Berlinsky [2005] SASC 316; R v Nguyen [2001] WASCA…
R v Institoris
[2002] NSWCCA 8 Para 1

…The seriousness of offences involving counterfeiting is well accepted. As Levine J said in R v Institoris [2002] NSWCCA 8 at [38]:…
R v Togias
[2001] NSWCCA 522 Para 1

…les, this provision has long been read in accordance with the common law as if it were preceded by the words "in an exceptional case": see R v Togias [2001] NSWCCA 522, R v Hinton [2002] NSWCCA 405; R v El Hani [2004] NSWCCA 162. Similar interpretations had been adopted in other states: see R v Berlinsky [2005] SASC…
Wong v The Queen
[2001] HCA 64 Para 1

…ame, not only are they very few in number but my focus must be on the unifying principles which such disparate sentences reveal: see Wong v The Queen [2001] HCA 64 at [59].…
R v Bednarz
[2000] NSWCCA 533 Para 1

…ances falling on either side of the line as outlined in the following decisions: R v Hart [1999] NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCCA 233; Le v R [2006] NSWCCA 136…
R v Bednarz
[2000] NSWCCA 553 Para 1

…nt as part of the general factual matrix in selecting an appropriate sentence and in relation to the length of the non parole period: see R v Bednarz [2000] NSWCCA 553 at [51] - [52]; Elsobky v R [2006] NSWCCA 168 at [17] - [21]; Dipangkear v R [2010] NSWCCA 156 at [29] and [40].…
R v Luong
[2000] NSWCCA 139 Para 1

…have had regard to the circumstances falling on either side of the line as outlined in the following decisions: R v Hart [1999] NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCC…
R v Capper
[2000] NSWCCA 63 Para 1

…f the line as outlined in the following decisions: R v Hart [1999] NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCCA 233; Le v R [2006] NSWCCA 136; Dipangkear v R (supra).…
R v Hart
[1999] NSWCCA 204 Para 1

…the cases just mentioned, I have had regard to the circumstances falling on either side of the line as outlined in the following decisions: R v Hart [1999] NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWC…
Pearce v The Queen
[1998] HCA 57 Para 1

…ese counts overlapped requiring that the sentences for same should all be made concurrent with that for count one to give effect to the principles in Pearce v The Queen (1998) 194 CLR 610. As to count 2, I have already noted his submission as to its objective seriousness. Mr Hatzistergos went on to submit that any degree of…
Power v The Queen
[1974] HCA 26 Para 1

…ion, what is the "severity appropriate" is to be determined having regard to the general principles identified by the High Court in Power v The Queen [1974] HCA 26. In doing so, the High Court in Hili further held that there was no "norm" or starting point whether expressed as a percentage of the sentence or oth…
[2001] WASCA 72
[2001] WASCA 72 Para 1

…2] NSWCCA 405; R v El Hani [2004] NSWCCA 162. Similar interpretations had been adopted in other states: see R v Berlinsky [2005] SASC 316; R v Nguyen [2001] WASCA 72; R v Gaw [2006] VSCA 51.…

Legislation cited in this decision · 3

Crimes (Currency) Act 1981 (Cth)
11, 14, 6, 9 5 mentions (from Para 1)
Crimes (Sentencing Procedure) Act 1999 (NSW)
16A 1 mention
Drug Misuse and Trafficking Act 1985 (NSW)
1 mention (from Para 1)

Medium Neutral Citation:	R v Megaloudis [2013] NSWDC 302
Hearing dates:	27 September 2013
Decision date:	31 October 2013
Before:	Letherbarrow SC
Decision:	Sentenced to a total term of imprisonment of four years and three months with an effective non-parole period of two years and two months
Catchwords:	CRIME - Sentencing - counterfeiting - hardship - whether exceptional circumstances - objective seriousness - deterrence - parity - concurrency - totality
Legislation Cited:	Crimes (Currency) Act 1981 (Cth), ss6, 9, 11, 14, Crimes Sentencing Procedure Act 1999 (New South Wales), s16A
Cases Cited:	Wong v The Queen [2001] HCA 64; Alseedi v R [2009] NSWCCA 185; R v Togias [2001] NSWCCA 522; R v Hinton [2002] NSWCCA 405; R v Berlinsky [2005] SASC 316; R v Nguyen [2001] WASCA 72; R v Gaw [2006] VSCA 51; DPP v Ip [2005] ACTCA 24; Le v R [2006] NSWCCA 136; R v Bednarz [2000] NSWCCA 553 at [51] - [52]; Elsobky v R [2006] NSWCCA 168 at [17] - [21]; Dipangkear v R [2010] NSWCCA 156 Wirth (1976) 145 SASR 291; R v Edwards (1996) 90 A Crim R 510; Eken v R [2007] NSWCCA 320; Roberts v R [2007] NSWCCA 112; R v Dibb (CCA, unreported, 13 September 1991); R v Hart [1999] NSWCCA 204; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 533; R v Capper [2000] NSWCCA 63; R v Aller [2004] NSWCCA 378; R v Lo; R v Ouyang [2004] NSWCCA 382; R v Wood [2005] NSWCCA 233; Le v R [2006] NSWCCA 136; Bellas v The Queen [2006] NTCCA 8; R v Institoris [2002] NSWCCA 8; The Queen v Rohde and Ors (1985) 17 A Crim R 166; Pearce v The Queen (1998) 194 CLR 610; Markarian v R [2005] HCA 25; Hili v The Queen [2010] HCA 45; Power v The Queen [1974] HCA 26; R v El Hani [2004] NSWCCA 162
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions - Crown Nicholas Megaloudis - Offender
Representation:	Commonwealth Director of Public Prosecutions - Crown Mr Hatzistergos - Offender Commonwealth Director of Public Prosecutions - Crown
File Number(s):	2010/391941