Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25:
1. GARLING J: I agree with the orders proposed by Dhanji J and with the reasons which his Honour gives.
2. IERACE J: I also agree with the orders proposed by Dhanji J and with his Honour's reasons.
3. DHANJI J: The applicant, Dimitrios Tsoumbanellis, seeks leave to appeal pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW), against the sentence imposed upon him in the District Court of New South Wales at Sydney on 10 December 2024 by his Honour Judge Neilson.
4. Following his pleas of guilty in the Local Court, the applicant was sentenced with respect to the following offences:
Sequence 3: Knowingly take part in the supply of methylamphetamine, being an amount not less than the commercial quantity applicable to that drug, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (DMTA) (commercial supply offence).
Sequence 5: Knowingly deal with the proceeds of crime, namely $24,950, contrary to s 193B(2) of the Crimes Act 1900 (NSW) (proceeds offence).
5. An aggregate sentence of 4 years and 6 months imprisonment with a non-parole period of 3 years, commencing on 18 October 2023 was imposed. The non-parole period will end on 17 October 2026 and the full term will expire on 17 April 2028.
6. With respect to sequence 3, two further offences were taken into account on a Form 1 attached in accordance with Pt 3, Div 3 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (CSPA):
Sequence 4: Knowingly allow premises, namely Unit 309, 2-12 Smail Street, Ultimo, to be used as drug premises, contrary to s 36Y(1)(a) of the DMTA.
Sequence 6: Supply a prohibited drug, namely 3.18 grams of 3, 4-methylenedioxymethamphetamine (MDMA), contrary to s 25(1) of the DMTA.
7. The maximum penalty applicable to sequence 3, the commercial supply offence, was a fine of $385,000 and/or imprisonment for 20 years. A standard non-parole period of 10 years is prescribed. The maximum penalty applicable to sequence 5, the proceeds offence, was 15 years imprisonment.
8. The matters on the Form 1, had the applicant been convicted of those offences, would have carried maximum penalties of a fine of $5,500 and/or imprisonment for 12 months, and a fine of $220,000 and/or imprisonment for 15 years, respectively. The applicant was not, however, to be sentenced for those matters. They were to be taken into account, potentially leading to greater weight being given to specific deterrence and retribution and, potentially, in providing context when sentencing for the primary offence: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 at [42]; Kapila v R [2024] NSWCCA 48.
9. Indicative sentences for each of sequence 3 and sequence 5 were specified in accordance with s 53A(2)(b) of the CSPA. The indicative sentences nominated were, respectively, 4 years imprisonment with a non-parole period of 2 years and 6 months, and 2 years imprisonment with a non-parole period of 1 year and 6 months.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19839a67e8d7041ebb4602d9)
Disclaimer: Curated by HT Syndication.
