R v Cantarakis [2024] NSWDC 650

R v Cantarakis [2024] NSWDC 650

Given Cantarakis' youth, one-off courier role, lack of significant prior convictions, demonstrated rehabilitation prospects, guilty plea (though late), and time served on remand and strict bail, the court found the appropriate sentence is 1 year and 4 months' imprisonment to be served by way of Intensive Correction Order in the community, with a 125 hour community service condition, balancing both the objective seriousness of the offence and the strong subjective mitigation.

Parties
Offender: Dimitri Cantarakis; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
29 October 2024
Procedural Posture
Criminal / Sentencing
Outcome
A sentence of 1 year and 4 months' imprisonment, to be served subject to an Intensive Correction Order in the community with standard conditions and a requirement to complete 125 hours of community service.
Legal Topics
Drug Offences, Sentencing, Supply of Prohibited Drug, Mitigating Factors, Intensive Correction Order, Sentencing Procedure, Rehabilitation, Deterrence
Criminal Law Drug Offences Sentencing Supply of Prohibited Drug Mitigating Factors Intensive Correction Order Sentencing Procedure Rehabilitation +1 more

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Parties

Dimitri Cantarakis

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for an offender who supplied a prohibited drug (cocaine) in the circumstances of this case?
  2. 2 Does the offender's youth, limited prior record, plea, subjective factors, and time on strict bail and remand justify a sentence other than full-time imprisonment?
  3. 3 Is an Intensive Correction Order appropriate considering the seriousness of the offence and community safety?

Ratio Decidendi

Given Cantarakis' youth, one-off courier role, lack of significant prior convictions, demonstrated rehabilitation prospects, guilty plea (though late), and time served on remand and strict bail, the court found the appropriate sentence is 1 year and 4 months' imprisonment to be served by way of Intensive Correction Order in the community, with a 125 hour community service condition, balancing both the objective seriousness of the offence and the strong subjective mitigation.

Court Disposition

A sentence of 1 year and 4 months' imprisonment, to be served subject to an Intensive Correction Order in the community with standard conditions and a requirement to complete 125 hours of community service.

Orders

  • Sentence of 1 year and 4 months' imprisonment to be served in the community by way of Intensive Correction Order.
  • Standard ICO conditions apply: not commit further offences and submit to supervision by Community Corrections.