R v Bojcevski; Birkic; Drenovac [2024] NSWDC 299

R v Bojcevski; Birkic; Drenovac [2024] NSWDC 299

Each offender participated in a serious criminal drug operation involving supply, manufacture, dealing with proceeds, and participation in a criminal group, for financially motivated reasons. The factual findings established high objective seriousness, significant roles for each offender (but none as mastermind), and satisfactory subjective circumstances (prior good character, remorse, rehabilitation prospects). Sentences imposed are appropriate, reflecting the severity, the large quantities and values of the drugs, and the importance of deterrence.

Parties
Prosecutor: Rex (Crown); Offender: Robert Bojcevski; Offender: Ante Birkic; Offender: Nikola Drenovac
Jurisdiction
Australia
Judgment Date
19 July 2024
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate terms of imprisonment imposed; non-parole periods fixed; applications for special circumstances declined.
Legal Topics
Sentencing, Drug Offences, Participation in Criminal Group, Dealing With Proceeds of Crime
Criminal Law Sentencing Drug Offences Participation in Criminal Group Dealing With Proceeds of Crime

Case Brief

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Parties

Rex (Crown)

Prosecutor

Robert Bojcevski

Offender

Ante Birkic

Offender

Nikola Drenovac

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Supply of prohibited drug above large commercial quantity
  2. 2 Manufacture of prohibited drug above large commercial quantity
  3. 3 Dealing with proceeds of crime

Ratio Decidendi

Each offender participated in a serious criminal drug operation involving supply, manufacture, dealing with proceeds, and participation in a criminal group, for financially motivated reasons. The factual findings established high objective seriousness, significant roles for each offender (but none as mastermind), and satisfactory subjective circumstances (prior good character, remorse, rehabilitation prospects). Sentences imposed are appropriate, reflecting the severity, the large quantities and values of the drugs, and the importance of deterrence.

Court Disposition

Aggregate terms of imprisonment imposed; non-parole periods fixed; applications for special circumstances declined.

Orders

  • Robert Bojcevski sentenced to an aggregate term of imprisonment of 12 years, non-parole period of 9 years (commencing 12 August 2021, expiring 11 August 2030), balance of 3 years (expiring 11 August 2033).
  • Ante Birkic sentenced to an aggregate term of imprisonment of 14 years, non-parole period of 10 years 6 months (commencing 12 August 2021, expiring 11 February 2032), balance of 3 years 6 months (expiring 11 August 2035).