R v Vassiliou

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Vassiliou [2021] NSWDC 403

Hearing dates:

30 April 2021, 24 May 2021

Date of orders:

24 May 2021

Decision date:

24 May 2021

Jurisdiction:

Criminal

Before:

Wilson SC DCJ

Decision:

Full time custodial sentence imposed. Orders at [42]

Catchwords:

CRIME – sentencing –robbery in company (s97(1)) – possessing an unauthorised prohibited firearm – Form 1 offences – assistance to authorities unfruitful – small discount allowed

Legislation Cited:

Crimes Act 1900 (NSW) s 97(1), 192E(1)(b)

Crimes (Sentencing Procedure) Act1999 (NSW) ss 3A, 5, 23

Firearms Act 1996 (NSW) s 7(1)

Cases Cited:

Markarian v The Queen [2005] HCA 25

R v Henry (1999) 46 NSWLR 346

Texts Cited:

None

Category:

Sentence

Parties:

Regina (ODPP)
Jacob Vassiliou (Offender)

Representation:

Counsel:
Mr Adams (Offender)

Solicitors:
ODPP Solicitor (ODPP)

File Number(s):

2020/134455

Publication restriction:

None

Ex Tempore Judgment

1. The offender appears today to be sentenced in relation to 2 charges. The first is a charge of robbery in company, in breach of s 97(1) of the Crimes Act 1900 (NSW). The maximum penalty is 20 years’ imprisonment. The second charge is possessing an unauthorised prohibited firearm, being a black imitation pistol, in breach of s 7(1) of the Firearms Act 1996 (NSW). That carries a maximum sentence of 14 years’ imprisonment and a standard non-parole period of 4 years.

2. Attaching to the robbery in company charge, being sequence 6, are 2 further sequences, namely sequences 4 and 5. The first is possess ammunition without holding licence/permit/authority in breach of s 65(3) of the Firearms Act. In the Local Court the maximum penalty is a fine of $5500. The second sequence attaching is sequence 5, being dishonestly obtain financial advantage or cause disadvantage by deception ($40) in breach of s 192E(1)(b) of the Crimes Act. The maximum penalty in this court is 10 years’ imprisonment. In the Local Court it is 2 years’ imprisonment and/or a fine.

3. The maximum sentences and the standard non-parole periods are guideposts for sentencing judges as to the community’s view, through parliament, of the seriousness of the offending. There is no doubt that robbery in company is a very serious offence, as is reflected by the maximum sentence of 20 years’ imprisonment. Similarly, possessing an unauthorised firearm is also a serious offence.

4. The offending occurred on 27 April 2020 and 5 May 2020. The offender was arrested on 5 May 2020 and spent 102 days in custody before being released on bail. The bail conditions were onerous, permitting him only to leave home when supervised. In my opinion, the onerous nature of the bail conditions are such that some allowance ought to be made for the time spent on bail, which I calculate to be 283 days, in determining the appropriate sentence, but, more particularly, determining the commencement date. I intend to allow 25% of that period in determining the commencement date.

5. The offending took place when the offender was the subject of…