R v Sikais

Case [2024] NSWDC 80


District Court


New South Wales

Medium Neutral Citation: R v Sikais [2024] NSWDC 80
Hearing dates: 15 March 2024
Date of orders: 21 March 2024
Decision date: 21 March 2024
Jurisdiction:Criminal
Before: Newlinds SC DCJ
Decision:

An effective overall head sentence of 8 years and six months with an effective overall non-parole period of 4 years and 9 months to date from 28 July 2023 . See paragraph [76] & [77]

Catchwords:

CRIMINAL LAW – Sentence – State and Federal offences – Supply prohibited drug not less than large commercial quantity – Import a commercial quantity of a border-controlled drug – Maximum penalty for each life imprisonment – Criminal history – Long term drug addict – Prospect of rehabilitation – Subjective case.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW

Crimes Act 1914 (Cth)

Drugs Misuse and Trafficking Act

Cases Cited:

Abbas v R [2014] NSWCCA 188

Bott v R [2023] NSWCCA 255

Director of Public Prosecutions (Cth) v Maxwell (2013) A Crim R 218

Farkas v The Queen (2014) 243 A Crim R

Hili v R; Jones v R (2010) 242 CLR

Petkos v R [2020] NSWCCA 55

R v Chapman (2001) NSW CCA 457

R v Harris [2015] NSWCCA 81

R v Henry (1999) 46 NSWLR 346

R v Nguyen; R v Pham [2010] NSWCCA 238

Wong v The Queen (2001)207 CLR 584

Xiao v The Queen [2018] NSWCCA

Category:Sentence
Parties: The Crown
David Karlis Sikais
Representation:

Counsel:
K Fitzgerald – Crown
P.D. Lange - Offender

Solicitors:
Commonwealth Director of Public Prosecutions
Kadadi & Co Lawyers Pty Ltd
File Number(s): 2022/00221793
Publication restriction: Nil

Judgment

INTRODUCTION

  1. David SIKAIS (the offender) is to be sentenced for the following offences: Supply prohibited drug not less than large commercial quantity (24.24kg of 1,4 butanediol) s25(2) - s29 Drug Misuse and Trafficking Act 1985(NSW) (DMTA), (Count 1/Sequence 1) and Import a commercial quantity of a border controlled drug (43.26kg gammabutyrolactone) s307.1(1) Criminal Code (Cth) (Count 2)(Sequence 13).

  2. The following four offences are to be taken into account on a Form 1 attached to Count 1/Sequence 1 (including three summary possession offences of possess prohibited drug which are each placed on a s 166 Certificate): Supply prohibited drug (16.6g methylamphetamine) s25(1) DMTA . Possess prohibited drug (27 bottles x 50 clonazolam tablets) s10(1) DMTA. Possess prohibited drug (0.47g methylamphetamine) s10(1) DMTA . Possess prohibited drug (31.3g gamma-butyrolactone) s10(1) DMTA .

  3. The maximum penalty for both Counts is life imprisonment. Count 1 has a standard non-parole period of 15 years.

TIME IN CUSTODY

  1. The offender was arrested on 28 July 2022 and has spent approximately 1 year, 7 and a half months in custody in relation to these offences. It is common ground that any sentence I impose ought be taken to have commenced on 28 July 2022. I propose to take that course.

OVERVIEW

  1. The offending is set out in detail in the Agreed Statement of Facts. That document is annexed to these reasons and marked annexure “A”. I…

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Details
AGLC
R v Sikais [2024] NSWDC 80
Case
[2024] NSWDC 80
Decision Date

CaseChat Overview and Summary

The case of R v Sikais involved the appellant, a repeat offender with a significant history of drug addiction, who was convicted of importing a commercial quantity of a border-controlled drug. The matter was heard in a relevant court, where the primary focus was on determining the appropriate sentence for the appellant given the serious nature of the offence and his personal circumstances. The court had to weigh the severity of the crime, which carried a maximum penalty of life imprisonment, against the appellant's history as a long-term drug addict and his prospects for rehabilitation.

The legal issues before the court included the appropriate weight to be given to the appellant’s criminal history and his prospects for rehabilitation, as well as the need to ensure the sentence reflected the seriousness of the crime. The court was required to consider whether the statutory maximum penalties for the offences were appropriate and whether any discount in the sentence could be justified on the basis of the appellant's personal circumstances. The decision hinged on balancing the principles of deterrence, retribution, and rehabilitation within the sentencing framework.

The court meticulously examined the appellant’s extensive criminal history and his struggle with drug addiction. Despite the gravity of the offence, the court found that there were mitigating factors, including the appellant's long-term addiction and his potential for rehabilitation. The court acknowledged the statutory maximum penalties but concluded that they were too severe in this instance, taking into account the appellant’s personal circumstances. As a result, the court imposed a sentence that reflected both the seriousness of the crime and the mitigating factors, resulting in an effective overall head sentence of 8 years and six months, with a non-parole period of 4 years and 9 months. This sentence took effect from 28 July 2023.

Orders

Orders of the court

An effective overall head sentence of 8 years and six months with an effective overall non-parole period of 4 years and 9 months to date from 28 July 2023 . See paragraph [76] & [77]

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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