R v Kovacev [2020] NSWDC 903

R v Kovacev [2020] NSWDC 903

An aggregate term of imprisonment of 18 months with a non-parole period of 10 months is appropriate having regard to the low objective seriousness of the offences, the offender's early guilty plea, demonstrated remorse, mental health difficulties, drug addiction, and parity with the co-offender.

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 18 months with a non-parole period of 10 months, finding special circumstances.
Legal Topics
['sentencing' 'mitigating Factors' 'plea of Guilty' 'rehabilitation' 'remorse' 'co Offenders' 'parity' 'deterrence' 'objective Seriousness' 'drug Offences' 'drug Addiction' 'mental Illness' 'special Circumstances']
['criminal Law'] ['sentencing' 'mitigating Factors' 'plea of Guilty' 'rehabilitation' 'remorse' 'co Offenders' 'parity' 'deterrence' 'objective Seriousness' 'drug Offences' 'drug Addiction' 'mental Illness' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence having regard to mitigating and subjective circumstances for supply of prohibited drug offences' 'Consideration of parity with co-offender' 'Effect of mental illness and drug addiction on sentence']

Ratio Decidendi

An aggregate term of imprisonment of 18 months with a non-parole period of 10 months is appropriate having regard to the low objective seriousness of the offences, the offender's early guilty plea, demonstrated remorse, mental health difficulties, drug addiction, and parity with the co-offender.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 18 months with a non-parole period of 10 months, finding special circumstances.

Orders

  • ['The offender is convicted of each offence.' 'Indicative sentences: Sequence 1 - 6 months, Sequence 6 - 15 months.' 'Aggregate sentence of imprisonment of 18 months commencing on 29 April 2019.' 'Non-parole period of 10 months expiring on 28 February 2020.' 'Special circumstances found.' 'Sequences 2, 3, 4, 5, 7...