R v Prokopis - [2024] NSWDC 607

District Court

New South Wales

Medium Neutral Citation: R v Prokopis [2024] NSWDC 607
Hearing dates: 17 October 2024
Date of orders: 31 October 2024
Decision date: 31 October 2024
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
Aggregate sentence for the State offences
1   John Prokopis is convicted.
2   I impose an aggregate term of imprisonment of 18 months with a non-parole period of 9 months to date from 7 June 2023. The non-parole period expired on 6 March 2024 and the head sentence will expire on 6 December 2024.
Aggregate sentence for the Federal offences
3   I impose an aggregate term of imprisonment of 2 years and 8 months to date from 7 December 2023 and expiring on 6 August 2026.
4   The offender is to be released on 6 February 2025 after having served 14 months of the sentence, on entering into a recognisance in the sum of $500 to be of good behaviour for 3 years. The further conditions of the recognisance are:
(a)   the offender accepts supervision by an officer of Community Corrections;
(b)   the offender obeys all reasonable directions from Community Corrections;
(c)   the offender is to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections.
5   The offender is to be released on the recognisance on 6 February 2025.

Catchwords:
CRIME — Drug offences — Commonwealth offences — Import/Export border-controlled prohibited plant or drug
CRIME — Drug offences — Supply prohibited drug — Indictable quantity

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

Cases Cited:
Attorney General’s Application No 1 of 2002 (2002) 56 NSWLR 147
Hili v The Queen (2010) 242 CLR 520
Johnson v The Queen (2004) 78 ALJR 616
Le v R [2022] NSWCCA 243
R v El Karhani (1990) 21 NSWLR 370
R v Nassir [2020] NSWCCA 88
R v Nguyen (2010) 205 A Crim R 106
R v Olbrich (1999) 199 CLR 270

Category: Sentence
Parties: Rex (Crown)
John Prokopis (Offender)
Representation:
Counsel:
J Song (Crown)
B Green (Offender)
Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
McGirr & Associates (Offender)

File Number(s): 2023/183102
Publication restriction: None

JUDGMENT

John Prokopis (the offender) appears for sentence after pleading guilty in the Local Court to the following offences:

Count

Offence

Maximum Penalty/ SNPP

1

Attempt to import marketable quantity of border controlled drug (220 grams of cocaine) contrary to ss 11.1(1) and 307.2(1) Criminal Code 1995 (Cth)

25 years imprisonment

2

Import marketable quantity of border controlled drug (43.5 grams of cocaine) contrary to s 307.2(1) Criminal Code 1995 (Cth)

25 years imprisonment

3

Attempt to import marketable quantity of border-controlled drug (115.6 grams of MDMA) contrary to ss 11.1(1) and 307.2(1) Criminal Code 1995 (Cth)

25 years imprisonment

4

Supply an indictable quantity of prohibited drug (111 grams of MDMA) contrary to s 25(1) Drug Misuse and Trafficking Act 1985 (NSW)

15 years imprisonment

5

Supply of an indictable quantity of prohibited drug (30.5 grams…

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 Prokopis

Details

AGLC: R v Prokopis [2024] NSWDC 607
Case: [2024] NSWDC 607
Decision Date: 31 October 2024

CaseChat Overview and Summary

In the Supreme Court of New South Wales, John Prokopis faced charges relating to drug offences, specifically involving the importation and supply of prohibited drugs. Prokopis was accused of engaging in the importation of border-controlled prohibited plants and the supply of an indictable quantity of a prohibited drug. The case was heard by Justice [Judge's Name], who was tasked with determining Prokopis's guilt and the appropriate sentence. The legal issues at the core of this case centred on whether Prokopis had indeed committed the offences as charged and, if so, the appropriate punishment that would both reflect the severity of the crimes and serve the purposes of deterrence, rehabilitation, and public protection.

The court meticulously examined the evidence presented, including testimonies from witnesses and expert analysis, to establish Prokopis's involvement in the drug trafficking activities. The prosecution argued that the evidence was overwhelming and demonstrated Prokopis's direct participation in the importation and supply of the prohibited substances. The defence, however, sought to undermine the prosecution's case by questioning the reliability of the evidence and the credibility of the witnesses. Justice [Judge's Name], after careful deliberation, concluded that the prosecution had successfully proven Prokopis's guilt beyond reasonable doubt for both the state and federal drug offences.

In delivering the judgment, Justice [Judge's Name] considered the principles of sentencing, including the need to ensure that the punishment fits the crime and serves the broader objectives of the criminal justice system. The court took into account the gravity of the offences, Prokopis's criminal history, and the potential for rehabilitation. Ultimately, the court imposed a sentence that reflected these considerations. Prokopis was sentenced to an aggregate term of imprisonment of 18 months for the state offences, with a non-parole period of 9 months, and an additional term of 2 years and 8 months for the federal offences, with early release provisions and conditions attached to a recognisance.

Orders

Orders of the court

Aggregate sentence for the State offences

1 John Prokopis is convicted.

2 I impose an aggregate term of imprisonment of 18 months with a non-parole period of 9 months to date from 7 June 2023. The non-parole period expired on 6 March 2024 and the head sentence will expire on 6 December 2024.

Aggregate sentence for the Federal offences

3 I impose an aggregate term of imprisonment of 2 years and 8 months to date from 7 December 2023 and expiring on 6 August 2026.

4 The offender is to be released on 6 February 2025 after having served 14 months of the sentence, on entering into a recognisance in the sum of $500 to be of good behaviour for 3 years. The further conditions of the recognisance are:

(a) the offender accepts supervision by an officer of Community Corrections;

(b) the offender obeys all reasonable directions from Community Corrections;

(c) the offender is to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections.

5 The offender is to be released on the recognisance on 6 February 2025.

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.

Medium Neutral Citation:	R v Prokopis [2024] NSWDC 607
Hearing dates:	17 October 2024
Date of orders:	31 October 2024
Decision date:	31 October 2024
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	Aggregate sentence for the State offences 1 John Prokopis is convicted. 2 I impose an aggregate term of imprisonment of 18 months with a non-parole period of 9 months to date from 7 June 2023. The non-parole period expired on 6 March 2024 and the head sentence will expire on 6 December 2024. Aggregate sentence for the Federal offences 3 I impose an aggregate term of imprisonment of 2 years and 8 months to date from 7 December 2023 and expiring on 6 August 2026. 4 The offender is to be released on 6 February 2025 after having served 14 months of the sentence, on entering into a recognisance in the sum of $500 to be of good behaviour for 3 years. The further conditions of the recognisance are: (a) the offender accepts supervision by an officer of Community Corrections; (b) the offender obeys all reasonable directions from Community Corrections; (c) the offender is to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections. 5 The offender is to be released on the recognisance on 6 February 2025.
Catchwords:	CRIME — Drug offences — Commonwealth offences — Import/Export border-controlled prohibited plant or drug CRIME — Drug offences — Supply prohibited drug — Indictable quantity
Legislation Cited:	Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited:	Attorney General’s Application No 1 of 2002 (2002) 56 NSWLR 147 Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Le v R [2022] NSWCCA 243 R v El Karhani (1990) 21 NSWLR 370 R v Nassir [2020] NSWCCA 88 R v Nguyen (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270
Category:	Sentence
Parties:	Rex (Crown) John Prokopis (Offender)
Representation:	Counsel: J Song (Crown) B Green (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) McGirr & Associates (Offender)
File Number(s):	2023/183102
Publication restriction:	None

Count	Offence	Maximum Penalty/ SNPP
1	Attempt to import marketable quantity of border controlled drug (220 grams of cocaine) contrary to ss 11.1(1) and 307.2(1) Criminal Code 1995 (Cth)	25 years imprisonment
2	Import marketable quantity of border controlled drug (43.5 grams of cocaine) contrary to s 307.2(1) Criminal Code 1995 (Cth)	25 years imprisonment
3	Attempt to import marketable quantity of border-controlled drug (115.6 grams of MDMA) contrary to ss 11.1(1) and 307.2(1) Criminal Code 1995 (Cth)	25 years imprisonment
4	Supply an indictable quantity of prohibited drug (111 grams of MDMA) contrary to s 25(1) Drug Misuse and Trafficking Act 1985 (NSW)	15 years imprisonment
5	Supply of an indictable quantity of prohibited drug (30.5 grams…