R v Bojlevski [2024] NSWDC 415

R v Bojlevski [2024] NSWDC 415

Although the offender had a powerful subjective case, including guilty pleas, 16 months already served, strict bail compliance, substantial rehabilitation and good prospects, the drug supply, criminal group and proceeds of crime offending were serious, organised, profit-driven crimes causing community harm. A sentence of 3 years or less would be disproportionate, so an Intensive Correction Order was not available and the offender had to be returned to custody. The appropriate aggregate sentence was 3 years and 9 months with a non-parole period of 1 year and 11 months, reflecting special circumstances and time served.

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Aggregate sentence of imprisonment of 3 years and 9 months with a non-parole period of 1 year and 11 months; related traffic offences dealt with by convictions under s 10A and driving disqualifications; forfeiture order endorsed.
Legal Topics
['supply Prohibited Drug' 'participate in a Criminal Group' 'knowingly Deal With Proceeds of Crime' 'drive Motor Vehicle Whilst Disqualified' 'make a U Turn at Traffic Lights' 'guilty Plea Discount' 'parity' 'deterrence' 'objective Seriousness' 'rehabilitation' 'intensive Correction Order Availability']
['criminal Law' 'sentencing' 'drug Offences' 'proceeds of Crime' 'traffic Law'] ['supply Prohibited Drug' 'participate in a Criminal Group' 'knowingly Deal With Proceeds of Crime' 'drive Motor Vehicle Whilst Disqualified' 'make a U Turn at Traffic Lights' 'guilty Plea Discount' 'parity' 'deterrence' 'objective Seriousness' 'rehabilitation' 'intensive Correction Order Availability']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for the drug supply, criminal group and proceeds of crime offences.' 'Whether the sentence could be structured at 3 years or less so as to permit an Intensive Correction Order.' "How to account for the offender's guilty pleas, time already served, strict bail, rehabilitation, drug and gambling issues, COVID-19 custody conditions, parity with Morgan Swift, and the objective seriousness of the offending." 'What orders should be made for the related traffic offences.']

Ratio Decidendi

Although the offender had a powerful subjective case, including guilty pleas, 16 months already served, strict bail compliance, substantial rehabilitation and good prospects, the drug supply, criminal group and proceeds of crime offending were serious, organised, profit-driven crimes causing community harm. A sentence of 3 years or less would be disproportionate, so an Intensive Correction Order was not available and the offender had to be returned to custody. The appropriate aggregate sentence was 3 years and 9 months with a non-parole period of 1 year and 11 months, reflecting special circumstances and time served.

Court Disposition

Aggregate sentence of imprisonment of 3 years and 9 months with a non-parole period of 1 year and 11 months; related traffic offences dealt with by convictions under s 10A and driving disqualifications; forfeiture order endorsed.

Orders

  • ['For the traffic matters, convictions were imposed pursuant to s 10A Crimes (Sentencing Procedure) Act.' 'For both drive while disqualified matters, disqualification from driving for 6 months from 26 July 2024.' 'Indicative sentence for supply prohibited drug: 3 years and 3 months.' 'Indicative sentence for...