NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Prokopis [2024] NSWDC 607 Hearing dates: 17 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: Aggregate sentence for the State offences 1 John Prokopis is convicted. 2 I impose an aggregate term of imprisonment of 18 months with a non-parole period of 9 months to date from 7 June 2023. The non-parole period expired on 6 March 2024 and the head sentence will expire on 6 December 2024. Aggregate sentence for the Federal offences 3 I impose an aggregate term of imprisonment of 2 years and 8 months to date from 7 December 2023 and expiring on 6 August 2026. 4 The offender is to be released on 6 February 2025 after having served 14 months of the sentence, on entering into a recognisance in the sum of $500 to be of good behaviour for 3 years. The further conditions of the recognisance are: (a) the offender accepts supervision by an officer of Community Corrections; (b) the offender obeys all reasonable directions from Community Corrections; (c) the offender is to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections. 5 The offender is to be released on the recognisance on 6 February 2025. Catchwords: CRIME — Drug offences — Commonwealth offences — Import/Export border-controlled prohibited plant or drug CRIME — Drug offences — Supply prohibited drug — Indictable quantity Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's Application No 1 of 2002 (2002) 56 NSWLR 147 Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Le v R [2022] NSWCCA 243 R v El Karhani (1990) 21 NSWLR 370 R v Nassir [2020] NSWCCA 88 R v Nguyen (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) John Prokopis (Offender) Representation: Counsel: J Song (Crown) B Green (Offender)
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