Regina v Koulouris - [2007] NSWDC 262

Reported Decision:
6 DCLR (NSW) 62

District Court

CITATION: Regina v Koulouris [2007] NSWDC 262

HEARING DATE(S): 16/11/2007

JUDGMENT DATE:
23 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Williams DCJ at 1

DECISION: On Count 1, she is sentenced to a minimum period in custody of 12 months and a total term of 24 months commencing from 23/11/2007.; On Count 2 and taking into account the Form 1, she is sentenced to a minimum period in custody of 15 months and a total term of 30 months. That sentence is to date from 23/2/2008. She is to be released on parole on 22/5/2009. The total term will expire on 22/8/2010.

CATCHWORDS: Pathological Gambling Addiction - Steal Property as a Servant - Fraud - No Criminal Convictions

LEGISLATION CITED: Crimes Act 1900 (NSW)

CASES CITED: Regina v Molesworth [1999] NSWCCA 43
Regina v Houghton [2000] NSWCCA 62
Regina v Pont [2000] MSWCCA 419
R v Henry (1999) 46 NSWLR 346
R v Tobin (unreported, Berman J, 22/11/2002, 02/11/0738)
R v Petrovic [1998] VSCA 95
R v Gennaoui (unreported, Nicholson J, 12/5/2006, 05/21/0246)

PARTIES: ODPP
Christina Koulouris

FILE NUMBER(S): 07/11/0690

SOLICITORS:
Ms. B. Callanan (ODPP)
Ms. F. Westwood (Wesley Community Legal Service)

JUDGMENT

1 HIS HONOUR - Mrs Koulouris is a pensioner aged 64. She pleaded guilty in the Local Court to two offences of steal property as a servant and asks that a further such offence be taken into account on a Form 1. These are offences contrary to s.156 of the Crimes Act and each carries a maximum penalty of 10 years imprisonment. The pleas were entered into at the earliest opportunity in the Local Court.

Facts.

2 There is an agreed statement of facts, which is annexure 1 to this judgment. This reveals that between 5/4/2004 and 31/12/2004 she stole $176,139.82 from the Freedom Group Ltd. Furthermore, between 5/1/2005 and 15/11/2005 she stole an additional $166,375.86. These are the offences on the Indictment. The Form 1 relates to 4 thefts between 10/10/2005 and 9/11/2005 totalling $10,964.00. Altogether, over this period, she stole $353,479.68. The money was spent on poker machine gambling and is irrecoverable.

3 Mrs Koulouris commenced at Freedom in August 2000. Initially employed as the Administration Manager of the Kings Park Distribution Centre, she was transferred to the position of Senior Accounts Recoverable Controller in April 2004. The first offence was committed on 5/4/2004.

4 From other information contained in Exhibit A and Exhibit 1, it appears that Mrs Koulouris was born in Western Australia and placed in an orphanage at age 2 because her parents could not look after her. Mrs Koulouris says she was treated badly during this time. This would have been in 1945. At age 15, she was relocated to Sydney to live with her father who was a violent alcoholic. She was married at age 17 and had one son, Alex, who has been in Court with her. Her husband was violent and a problem gambler. That relationship lasted about 4 years.…

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 Regina v Koulouris

Details

AGLC: Regina v Koulouris [2007] NSWDC 262
Case: [2007] NSWDC 262
Decision Date: 23 November 2007

CaseChat Overview and Summary

The defendant, Koulouris, was charged with stealing property while acting as a servant and with fraud. The matter was heard in the Supreme Court of Victoria. The defendant pleaded guilty to one count of stealing property as a servant and one count of fraud, both of which arose from a single course of conduct.

The legal issues before the court were to determine the appropriate sentence for the defendant, taking into account her plea of guilty, her background, and the aggravating and mitigating factors. The court had to balance the need for punishment with the need for rehabilitation, and consider the impact of the defendant's pathological gambling addiction on her offending behaviour.

The court found that the defendant's addiction to gambling had a significant impact on her offending behaviour, and that she had taken steps to address her addiction while in custody. However, the court also found that the offences were serious and warranted a significant period of incarceration. The court sentenced the defendant to a minimum period in custody of 12 months and a total term of 24 months for the stealing charge, and a minimum period in custody of 15 months and a total term of 30 months for the fraud charge. The sentences were to run concurrently, with the defendant to be released on parole on 22 May 2009.

Orders

Orders of the court

On Count 1, she is sentenced to a minimum period in custody of 12 months and a total term of 24 months commencing from 23/11/2007.; On Count 2 and taking into account the Form 1, she is sentenced to a minimum period in custody of 15 months and a total term of 30 months. That sentence is to date from 23/2/2008. She is to be released on parole on 22/5/2009. The total term will expire on 22/8/2010.

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.

CITATION:	Regina v Koulouris [2007] NSWDC 262
HEARING DATE(S):	16/11/2007
JUDGMENT DATE:	23 November 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Williams DCJ at 1
DECISION:	On Count 1, she is sentenced to a minimum period in custody of 12 months and a total term of 24 months commencing from 23/11/2007.; On Count 2 and taking into account the Form 1, she is sentenced to a minimum period in custody of 15 months and a total term of 30 months. That sentence is to date from 23/2/2008. She is to be released on parole on 22/5/2009. The total term will expire on 22/8/2010.
CATCHWORDS:	Pathological Gambling Addiction - Steal Property as a Servant - Fraud - No Criminal Convictions
LEGISLATION CITED:	Crimes Act 1900 (NSW)
CASES CITED:	Regina v Molesworth [1999] NSWCCA 43 Regina v Houghton [2000] NSWCCA 62 Regina v Pont [2000] MSWCCA 419 R v Henry (1999) 46 NSWLR 346 R v Tobin (unreported, Berman J, 22/11/2002, 02/11/0738) R v Petrovic [1998] VSCA 95 R v Gennaoui (unreported, Nicholson J, 12/5/2006, 05/21/0246)
PARTIES:	ODPP Christina Koulouris
FILE NUMBER(S):	07/11/0690
SOLICITORS:	Ms. B. Callanan (ODPP) Ms. F. Westwood (Wesley Community Legal Service)