Police v Andonakis [2023] NSWLC 15

Police v Andonakis [2023] NSWLC 15

Given the offender's extended record of similar offending, including offending while on parole and bail, ongoing disregard for court orders, the absence of rehabilitation prospects, and the serious risk to community safety, the sentences for all 'drive whilst disqualified' offences must be custodial and aggregate to full-time imprisonment. Assertions of honest belief do not mitigate moral culpability, the principles of deterrence and protection predominate, and an Intensive Correction Order is not appropriate. Disqualification periods are to be applied according to statute but staggered to ensure at least 3 years of disqualification post-release.

Parties
Prosecution: NSW Police Force; Defendant: Jonathan Andonakis
Jurisdiction
Australia
Judgment Date
29 June 2023
Procedural Posture
Sentence / Sentencing
Outcome
Full-time imprisonment imposed; convictions entered on all counts.
Legal Topics
Sentencing, Drive Disqualified, Drive With Illicit Drug, Speeding, Recidivism, Community Protection
Criminal Law Traffic Law Sentencing Drive Disqualified Drive With Illicit Drug Speeding Recidivism Community Protection

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Parties

NSW Police Force

Prosecution

Jonathan Andonakis

Defendant

Procedural Posture

Sentence / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for repeated offences of driving whilst disqualified, driving with illicit drug, and speeding, given the offender's extensive record, conditional liberty, and asserted subjective beliefs?
  2. 2 Does the offender's belief regarding his disqualification status reduce moral culpability?
  3. 3 Should the sentence be a full-time custodial sentence or an Intensive Correction Order (ICO)?

Ratio Decidendi

Given the offender's extended record of similar offending, including offending while on parole and bail, ongoing disregard for court orders, the absence of rehabilitation prospects, and the serious risk to community safety, the sentences for all 'drive whilst disqualified' offences must be custodial and aggregate to full-time imprisonment. Assertions of honest belief do not mitigate moral culpability, the principles of deterrence and protection predominate, and an Intensive Correction Order is not appropriate. Disqualification periods are to be applied according to statute but staggered to ensure at least 3 years of disqualification post-release.

Court Disposition

Full-time imprisonment imposed; convictions entered on all counts.

Orders

  • Convicted on all counts.
  • Aggregate sentence of 2 years 8 months imprisonment (11 March 2023 – 10 November 2025).