Regina v Nikolovska [2010] NSWCCA 169

Regina v Nikolovska [2010] NSWCCA 169

The sentence imposed on the respondent was manifestly inadequate as it failed to reflect the objective seriousness of the offence, which involved importation of a significant quantity of cocaine and a strategic breach of trust. The proper sentence should have been higher having regard to the respondent's facilitating role. Parity with the co-offender did not preclude resentencing, and actual disadvantage from double jeopardy could be taken into account.

Parties
Crown/appellant: Regina; Respondent: Anne Nikolovska
Jurisdiction
Australia
Judgment Date
22 December 2010
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Sentence Appeal/resentence
Outcome
Appeal allowed; respondent resentenced
Legal Topics
Importation of Border Controlled Drugs, Crown Appeal, Sentencing Principles, Manifest Inadequacy, Breach of Trust, Parity With Co Offender
Criminal Law Importation of Border Controlled Drugs Crown Appeal Sentencing Principles Manifest Inadequacy Breach of Trust Parity With Co Offender

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Parties

Regina

Crown/appellant

Anne Nikolovska

Respondent

Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Sentence Appeal/resentence

Legal Issues

  1. 1 Whether sentence imposed was manifestly inadequate
  2. 2 Proper sentencing range for importation of marketable quantity of cocaine
  3. 3 Role of respondent in criminal enterprise and aggravating circumstances

Ratio Decidendi

The sentence imposed on the respondent was manifestly inadequate as it failed to reflect the objective seriousness of the offence, which involved importation of a significant quantity of cocaine and a strategic breach of trust. The proper sentence should have been higher having regard to the respondent's facilitating role. Parity with the co-offender did not preclude resentencing, and actual disadvantage from double jeopardy could be taken into account.

Court Disposition

Appeal allowed; respondent resentenced

Orders

  • Leave to appeal granted.
  • The sentence imposed by Nicholson DCJ on 25.9.09 quashed.