R v Spiroulias - [2013] NSWDC 292

District Court

New South Wales

Medium Neutral Citation: R v SPIROULIAS [2013] NSWDC 292
Hearing dates: 23/08/2013, 05/11/2013
Decision date: 05 November 2013
Before: S Norrish QC
Decision:
Form 1 matters taken into account.
Seq1: Sentenced to a term of imprisonment of 4 years and 3 months, non parole period being 2 years and 3 months.
Seq2: Sentenced to a term of imprisonment of 3 years and 9 months.
Orders made pursuant to Confiscation of Proceeds of Crime Act 1989.

Catchwords: CRIMINAL - Sentence, on going supply of prohibited drugs, plea of guilty, special circumstances.
Legislation Cited: Drug Misuse and Trafficking Act 1985
Crimes (Sentencing Procedure) Act 1999
Cases Cited: R v Hunter [2010] NSCCA 330
Gore v R; R v Hunter [2010 NSWCCA 330
Markarian v The Queen [2005] HCA 25
R v Smiroldo [2000] NSWCCA 120
Baxter v R [2007] NSWCCA 237
Thomson and Houlton [2009] NSWCCA 309, 49 NSWLR 383
R v Gip [2006] NSWCCA 115
Yardley v Betts (1979) 22 SASR 108
R v Blackman and Walters [2001] NSWCCA 121
Pearce v R (1998) 194 CLR 610
Category: Sentence
Parties: Crown
Andrew Spiroulias
Representation: Director of Public Prosecutions
J P Gould Solicitor

File Number(s): 2012/00043795

Sentence

HIS HONOUR: Andrew Spiroulias appears today for sentence in relation to two offences contrary to s 25A(1) Drug Misuse and Trafficking Act 1985. The offences that he pleaded guilty to at the Local Court were, firstly, that he between the 22nd day of December 2011 and the 20th day of January 2012 at Neutral Bay in the State of New South Wales did on three or more separate occasions during a period of 30 consecutive days supply a prohibited drug other than cannabis, to wit, heroin, for financial or material reward. That is Sequence 1. In sentencing the offender in relation to sequence 1, I am to take into account a number of matters on a Form 1 which I will refer to shortly.

Sequence 2 is an offence, contrary to s 25A, alleging that the prisoner between the 21st day of January 2012 and the 9th day of February 2012, between Neutral Bay and Dee Why in the State of New South Wales, did on three or more separate occasions during a period of 30 consecutive days supply a prohibited drug other than cannabis, to wit heroin, for financial or material reward.

Each offence carries a maximum penalty of 20 years imprisonment and or a fine of 3,500 penalty units, there is no standard nonparole period for that offence. The matters on the Form 1 for which the offender has admitted his guilt and are to be taken into account in relation to the Sequence 1 matter are all offences arising out the circumstances of his arrest on 9 February 2012. They are offences of resisting police, possessing 0.15 grams of methylamphetamine a prohibited drug, dealing with suspected proceeds of crime in the sum $157.85 and having goods in his custody reasonably suspected of being stolen or unlawfully…

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 Spiroulias

Details

AGLC: R v Spiroulias [2013] NSWDC 292
Case: [2013] NSWDC 292
Decision Date: 05 November 2013

CaseChat Overview and Summary

The case of R v Spiroulias involved a defendant who pleaded guilty to ongoing supply of prohibited drugs. The matter was heard in the relevant Australian court. The central issue before the court was the appropriate sentence to be imposed on the defendant, considering his plea of guilty and the presence of any special circumstances.

The court was tasked with determining the severity and duration of the sentence, taking into account the nature of the offence, the defendant's culpability, and any mitigating or aggravating factors. Given the defendant's guilty plea, the court was required to assess whether this warranted any reduction in the sentence. Additionally, the court needed to consider any special circumstances that might influence the final sentence.

After considering the submissions and evidence presented, the court determined that a term of imprisonment of four years and three months was appropriate, with a non-parole period of two years and three months. The court also made orders pursuant to the Confiscation of Proceeds of Crime Act 1989, reflecting the seriousness of the offence and the need to address the financial gains derived from the illegal activities.

Orders

Orders of the court

Form 1 matters taken into account.

Seq1: Sentenced to a term of imprisonment of 4 years and 3 months, non parole period being 2 years and 3 months.

Seq2: Sentenced to a term of imprisonment of 3 years and 9 months.

Orders made pursuant to Confiscation of Proceeds of Crime Act 1989.

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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Medium Neutral Citation:	R v SPIROULIAS [2013] NSWDC 292
Hearing dates:	23/08/2013, 05/11/2013
Decision date:	05 November 2013
Before:	S Norrish QC
Decision:	Form 1 matters taken into account. Seq1: Sentenced to a term of imprisonment of 4 years and 3 months, non parole period being 2 years and 3 months. Seq2: Sentenced to a term of imprisonment of 3 years and 9 months. Orders made pursuant to Confiscation of Proceeds of Crime Act 1989.
Catchwords:	CRIMINAL - Sentence, on going supply of prohibited drugs, plea of guilty, special circumstances.
Legislation Cited:	Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v Hunter [2010] NSCCA 330 Gore v R; R v Hunter [2010 NSWCCA 330 Markarian v The Queen [2005] HCA 25 R v Smiroldo [2000] NSWCCA 120 Baxter v R [2007] NSWCCA 237 Thomson and Houlton [2009] NSWCCA 309, 49 NSWLR 383 R v Gip [2006] NSWCCA 115 Yardley v Betts (1979) 22 SASR 108 R v Blackman and Walters [2001] NSWCCA 121 Pearce v R (1998) 194 CLR 610
Category:	Sentence
Parties:	Crown Andrew Spiroulias
Representation:	Director of Public Prosecutions J P Gould Solicitor
File Number(s):	2012/00043795