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District Court 30 October 2020

R v Spiroulias

[2020] NSWDC 876

Drugs
CRIME 43 YEAR OLD AT TIME OF OFFENCE LENGTHY CRIMINAL HISTORY ON PAROLE AT TIME OF OFFENDING RISK OF INSTITUTIONALISATION SPECIAL CIRCUMSTANCES

Citation: R v Spiroulias [2020] NSWDC 876
Court: District Court of New South Wales
Date: 30 October 2020
Judge: Neilson DCJ

Background

The offender, a 43-year-old man at the time of the offending, pleaded guilty to ongoing supply of a prohibited drug (other than cannabis) contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985. The charge related to the supply of methamphetamine and heroin on three or more separate occasions within a 30-day period between August and September 2019, for financial reward. The offending came to light after Northern Beaches detectives established a strikeforce in July 2019 to investigate drug supply across the Northern Beaches and lower north shore of Sydney.

Police obtained warrants to intercept the offender's mobile communications and placed him under surveillance. The intercepts captured the offender arranging and conducting drug sales, using coded language, hired vehicles, and multiple phone services to avoid detection. Police intercepted two transactions directly, recovering 56.03 grams of heroin, and the agreed facts established at least six further supplies totalling 66.5 grams of methamphetamine and 5.25 grams of heroin during the relevant 30-day period.

A search warrant executed on the unit where the offender's partner resided uncovered additional quantities of methamphetamine and heroin, $4,605 in cash admitted as proceeds of crime, digital scales, and a range of prescribed restricted substances. The offender also asked the court to take into account a substantial Form 1 schedule of related offences, including two supply charges and multiple possession charges.

  • What sentence was appropriate for an offender with an extensive criminal history, including two prior convictions under the same provision, who was on parole at the time of the offending?
  • What weight should be given to prospects of rehabilitation where prior rehabilitation had failed?
  • Whether special circumstances existed to justify a departure from the standard non-parole period ratio.
  • How to characterise the seriousness of this particular instance of ongoing supply under s 25A(1), given legislative changes potentially allowing some s 25A(1) offences to be dealt with summarily.

Decision

Neilson DCJ sentenced the offender on what the judgment describes as a serious example of ongoing commercial drug supply. The offender operated as a mid-level drug dealer supplying heroin and methamphetamine in ounce quantities to multiple customers across the lower north shore and northern beaches, generating thousands of dollars per transaction. His use of hired vehicles, multiple phones, and coded language demonstrated deliberate and sophisticated efforts to evade detection. The offending occurred while the offender was on parole, which was treated as a significant aggravating factor.

The offender's criminal history was lengthy, dating back to 1994, and critically included two prior sentences for offences under the same provision. His Honour acknowledged that prior rehabilitation efforts had failed, but accepted that, on this occasion, there were better prospects for rehabilitation than previously. The court found the offender's background, including a difficult upbringing and longstanding drug dependency, provided some context but did not substantially reduce his moral culpability given the commercial nature and persistence of the offending.

His Honour identified a risk of institutionalisation given the offender's repeated periods of imprisonment, and this was treated as a relevant consideration in structuring the sentence. Special circumstances were found to exist, justifying a longer-than-standard non-parole period ratio to allow adequate time for supervision and rehabilitation on release.

The court also addressed a submission by defence counsel that recent amendments under the Justice Legislation Amendment Act (No 2) 2019 (not yet proclaimed at the time) would allow some s 25A(1) offences to be dealt with in the Local Court. His Honour firmly rejected any suggestion this diminished the seriousness of the present offending. The court noted that s 25A(1) captures a wide spectrum of conduct, from the most minor supply at one end to sophisticated commercial trafficking at the other, and characterised this case as falling far from the minor end of that spectrum.

Orders Made

  • Sentence imposed in accordance with the court's reasons, incorporating all Form 1 matters.
  • Monetary confiscation order made by consent, in accordance with executed short minutes of order.
  • Order made for the destruction of the prescribed restricted substances located at the premises.

Key Takeaways

  • Under s 25A(1) of the Drug Misuse and Trafficking Act 1985, the offence of ongoing supply encompasses a wide range of conduct, and the District Court emphasised that commercial, mid-level trafficking is a serious instance of the offence, well beyond what would be appropriate for summary disposal.
  • Offending on parole, and prior convictions for the identical offence, are significant aggravating factors that courts will weigh heavily in sentencing for repeat drug trafficking.
  • A risk of institutionalisation, arising from an offender's repeated and lengthy periods of imprisonment, may constitute a relevant sentencing consideration alongside prospects of rehabilitation.
  • Special circumstances can be established where a longer non-parole period is needed to support rehabilitation and adequate post-release supervision, even where prior rehabilitation attempts have failed.
  • Legislative amendments that expand the summary jurisdiction for an offence do not automatically reduce the objective seriousness of any particular instance of that offence; the full sentencing range remains available where the facts warrant it.

Legislation and Cases Referenced

Legislation:
- Drug Misuse and Trafficking Act 1985 (NSW), s 25A(1)
- Evidence Act 1995 (NSW)
- Justice Legislation Amendment Act (No 2) 2019 (NSW)
- Poisons and Therapeutic Goods Act 1966 (NSW)
- Suspected Proceeds of Crime Act (NSW)

Cases:
No cases were formally cited in the metadata. The judgment references prior sentencing decisions of Norrish DCJ (5 November 2013) and Armitage DCJ (26 May 2017) concerning the same offender, as part of the criminal history analysis.