R v Spiroulias

[2020] NSWDC 876

District Court

New South Wales

Medium Neutral Citation:

R v Spiroulias [2020] NSWDC 876

Hearing dates:

30 October 2020

Date of orders:

30 October 2020

Decision date:

30 October 2020

Jurisdiction:

Criminal

Before:

Neilson DCJ

Decision:

Head sentence 5 years 7 months. NPP 3 years 7 months.

Catchwords:

CRIME – SENTENCE

Drug Misuse and Trafficking Act 1985, s 25A(1) – Ongoing supply of methamphetamine and heroin – 43 year old at time of offence – Lengthy criminal history – Previously sentenced for same offence (x2) – On Parole at time of offending – Risk of institutionalisation – Better prospects to rehabilitate on this occasion than previously – Special Circumstances

Legislation Cited:

Drug Misuse and Trafficking Act 1985

Evidence Act 1995

Justice Legislation Amendment Act (No 2) 2019

Poisons and Therapeutic Goods Act 1966

Suspected Proceeds of Crime Act

Category:

Sentence

Parties:

Regina – Crown
Offender – Andrew Spiroulias

Representation:

Crown - L. Stueckradt (ODPP)
Offender – M. Blair (Blair Criminal Lawyers)

File Number(s):

2019/00307851

Publication restriction:

Nil.

Sentence

1. HIS HONOUR: Andrew Spiroulias stands for sentence as a consequence of pleading guilty to a charge that between 23 August 2019 and 23 September 2019, at Sydney in this State, he did on three or more separate occasions during a period of 30 consecutive days supply a prohibited drug other than cannabis, namely methamphetamine and heroin, for financial or material reward. That is an offence contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985 and carries a maximum penalty of 20 years imprisonment and/or a fine of 3,500 penalty units.

2. The offender also asks me to take into account a large number of other offences on a Form 1. There are two offences of supplying a prohibited drug in excess of the indictable, but less than the commercial quantity, one count of possessing property suspected of being the proceeds of crime, namely $4,605 in cash, four counts of possessing a prohibited drug and six counts of possessing prescribed restriction substances contrary to the provisions of the Poisons and Therapeutic Goods Act 1966.

3. The offender was born in November 1975. He is currently 44 years old. He was arrested on 2 October 2019 at the age of 43.

4. In July 2019 Northern Beaches detectives commenced a strikeforce to investigate the ongoing supply of prohibited drugs in the Northern Beaches and the lower north shore of Sydney. They identified, but exactly when is unknown, the offender as being actively involved in supplying heroin and methylamphetamine to various customers in North Sydney and Narrabeen. Police obtained a warrant to intercept mobile communication services that were being used by the offender. When those warrants were obtained I do not know, however they lawfully captured conversations which are part of the agreed facts. Those conversations included conversations with known associates and unknown associates regarding the quality of prohibited drugs, their weights, monetary values and ability to purchase larger amounts.

5. In his telephone conversations the offender referred to supplying prohibited drugs as his “work”.…