R v Kariolakis [2023] NSWDC 350

District Court New South Wales

Medium Neutral Citation: R v Kariolakis [2023] NSWDC 350 Hearing dates: 21 July 2023 Date of orders: 1 September 2023 Decision date: 01 September 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time imprisonment. For orders see [88]. Catchwords: Crime - sentence – multiple offences - assault with intent to rob armed with offensive weapon – steal from the person – robbery armed with offensive weapon – deal with property proceeds of crime. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BT v R [2012] NSWCCA 128 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Chung v R [2017] NSWCCA 48 Director of Public Prosecutions (Cth) v De La Rosa (2010); 79 NSWLR 1; [2010] NSWCCA 194 DS v R [2017] NSWCCA 37 R v Dong [2021] NSWCCA 82 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Speeding (2001) 121 A Crim R 426; [2001] NSWCCA 105 R v Van Ryn [2016] NSWCCA 1 Veen v R [No. 2] (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: The Crown (Department of Public Prosecutions) The offender (Valandis Kariolakis) Representation: Counsel: Mr D Pace (for the offender)

Solicitors: Ms D Panagiotopoulos File Number(s): 2022/223639 Publication restriction: Nil.

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following three offences to which he has pleaded guilty:- 1. H89946627/5: Assault with intent to rob armed with offensive weapon pursuant to s 97(1) of the Crimes Act 1900. 2. The maximum penalty for this offence is 20 years imprisonment. 3. H89946672/2: Robbery armed with offensive weapon pursuant to s 97(1) of the Crimes Act 1900. 4. The maximum penalty for this offence is 20 years imprisonment. 5. H89946672/3: Robbery armed with offensive weapon pursuant to s 97(1) of the Crimes Act 1900. 6. The maximum penalty for this offence is 20 years imprisonment. 1. There is a Form 1 attached to Sequence 3, being Sequence 4 - an offence of deal with property proceeds of crime less than $100,000 pursuant to s 193C(2) of the Crimes Act 1900. There is further Form 1 attached to Sequence 5, namely Sequence 6 - an offence of steal from the person value less than $2,000 pursuant to s94(b) of the Crimes Act 1900. The offender has admitted his guilt in respect of each of the matters on the Forms 1, and has asked that each be taken into account on sentence. 2. Each of the offences occurred on 29 July 2022. The offender was arrested on that day and has been in custody on remand ever since. He entered an early plea of guilty in the Local Court and was committed for sentence on 30 March 2023.