R v Milosevski [2014] NSWDC 333
Given the objective gravity of the offending, the early guilty pleas, demonstrated remorse, special circumstances relating to rehabilitation prospects, and the fact that the offender breached a s 9 bond during the offending, the appropriate disposition is an aggregate sentence of 4 years imprisonment with a non-parole period of 2 years, with no action on the breached bond and forfeiture of proceeds.
- Jurisdiction
- Australia
- Judgment Date
- 07 November 2014
- Procedural Posture
- Criminal / Sentencing
- Outcome
- Aggregate term of imprisonment: non-parole period of 2 years, head sentence of 4 years. No action on breach of bond. Forfeiture of $16,980. Drugs to be destroyed.
- Legal Topics
- ['sentencing' 'drug Offences' 'supply of Prohibited Drugs' 'dealing With Proceeds of Crime' 'possession of Cannabis' 'breach of Bond' 'aggregate Sentencing' 'special Circumstances']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 ['What is the appropriate sentence for the offender, having regard to guilty pleas, the nature of offences, rehabilitation prospects, and breach of bond?']
Ratio Decidendi
Given the objective gravity of the offending, the early guilty pleas, demonstrated remorse, special circumstances relating to rehabilitation prospects, and the fact that the offender breached a s 9 bond during the offending, the appropriate disposition is an aggregate sentence of 4 years imprisonment with a non-parole period of 2 years, with no action on the breached bond and forfeiture of proceeds.
Court Disposition
Aggregate term of imprisonment: non-parole period of 2 years, head sentence of 4 years. No action on breach of bond. Forfeiture of $16,980. Drugs to be destroyed.
Orders
- ['Offender sentenced to an aggregate term of imprisonment: non-parole period of 2 years, head sentence of 4 years dated from 21 November 2013.' 'No action taken on breach of s 9 bond.' 'Order that drugs are to be destroyed.' 'Order that $16,980 be forfeited.']
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