Bojlevski v R [2024] NSWCCA 208

Bojlevski v R [2024] NSWCCA 208

The appeal was dismissed because the sentencing process accorded with orthodox aggregate sentencing principles; there was no error in the absence of specific findings on accumulation or aggravation; and the overall sentence was not manifestly excessive.

Parties
Applicant: Bojlevski; Respondent: Rex
Jurisdiction
Australia
Judgment Date
13 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence, Post Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Aggregate Sentence, Degree of Accumulation, Aggravating Circumstances, Manifestly Excessive Sentence
Criminal Law Aggregate Sentence Degree of Accumulation Aggravating Circumstances Manifestly Excessive Sentence

Case Brief

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Parties

Bojlevski

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence, Post Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in partially accumulating the sentences for each of the three counts
  2. 2 Whether the sentencing judge erred in failing to specify how the aggravating circumstance of 'organised criminal activity' under section 21A(2)(n) Crimes (Sentencing Procedure) Act 1999 (NSW) impacted the sentence imposed
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The appeal was dismissed because the sentencing process accorded with orthodox aggregate sentencing principles; there was no error in the absence of specific findings on accumulation or aggravation; and the overall sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.