Jurkovic, Bozo v R [1981] FCA 251

Jurkovic, Bozo v R [1981] FCA 251

The sentence imposed was excessive in light of the small quantity of heroin, lack of commercial motivation, police involvement in instigating the offence, and the appellant's drug dependency. The appellate court should substitute reduced sentences commensurate with the circumstances and in line with sentencing for...

Source-derived case information.

Parties
Appellant: Bozo Jurkovic; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
23 December 1981
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentences set aside; substituted sentences imposed.
Legal Topics
Appeals Against Sentence, Possession of Heroin for Supply, Administering Heroin, Sentencing Principles, Role of Appellate Court, Use of Sentencing Statistics, Effect of Guilty Plea, Police Involvement
Criminal Law Appeals Against Sentence Possession of Heroin for Supply Administering Heroin Sentencing Principles Role of Appellate Court Use of Sentencing Statistics Effect of Guilty Plea +1 more

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Summary, issues, holding and outcome

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Parties

Bozo Jurkovic

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the sentence imposed by the Supreme Court of the Australian Capital Territory excessive?
  2. 2 Was proper weight given to the maximum penalty and other mitigating factors?
  3. 3 What material should be considered by an appellate court in reviewing a sentence?

Ratio Decidendi

The sentence imposed was excessive in light of the small quantity of heroin, lack of commercial motivation, police involvement in instigating the offence, and the appellant's drug dependency. The appellate court should substitute reduced sentences commensurate with the circumstances and in line with sentencing for similar cases.

Court Disposition

Appeal allowed; sentences set aside; substituted sentences imposed.

Orders

  • The appeal be allowed and the sentences set aside.
  • For the offence under s.4(3) of the Poisons and Narcotic Drug Ordinance 1978 (possessing heroin for supply), a sentence of four years imprisonment was imposed with a non-parole period of twenty-one months.