Regina v Jim Mouroufas [2007] NSWDC 276

New South Wales District Court

CITATION: Regina v Jim Mouroufas [2007] NSWDC 276

HEARING DATE(S): 29 March 2007

JUDGMENT DATE: 29 March 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Convicted. Total term of 2 years and 6 months imprisonment with a non-parole period of 15 months and 14 days, and a balance of the term of 15 months and 16 days. To be released at the expiration of the non-parole period to supervised parole.

CATCHWORDS: Knowingly concerned in the cultivation of prohibited plants (canabis) not less than the commercial quantity - History of earlier proceedings - Plea of guilty (to alternative count) - Enormous size of crop (over 850,000 plants, 3.2 tonnes, conservative street value of $40 million) - Offender was a worker at the crop site - First time in custody - Criminal history (in South Australia) for drug manufacture, illegal gambling and assault - Remorse expressed by offender - Offender has a number of medical problems - Sentences of co-offenders

LEGISLATION CITED: s23(2)(a) Drug Misuse and Trafficking Act 1985 s33(2)(b) Drug Misuse and Trafficking Act 1985

PARTIES: Regina Jim Mouroufas

FILE NUMBER(S): 07/11/0231

SOLICITORS: Mr Borosh for the ODPP Mr Voros for the offender

JUDGMENT 1. Mr Jim Mouroufas was arraigned before me today charged with two offences. The first was that between 3 March and 7 April 2004 at Narrabri in the State of New South Wales, he cultivated a number of prohibited plants, namely cannabis, which was not less than the commercial quantity applicable to that plant. He pleaded not guilty to that offence. There was an alternative charge which was that between the same dates and the same place, he was knowingly concerned in the cultivation of a number of prohibited plants, once again cannabis and not less than the commercial quantity. Mr Mouroufas pleaded guilty today before me to that alternative charge. Accordingly, I convict him of that offence.