R v Despotovski [2020] NSWDC 873

R v Despotovski [2020] NSWDC 873

Given the seriousness of making a collusive agreement with a member of the police while already serving a substantial custodial sentence, a further custodial sentence of 1 year 10 months with a non-parole period of 12 months is appropriate, taking into account totality, special circumstances, the late guilty plea and the need for both punishment and deterrence.

Parties
Offender: Goran Despotovski; Prosecution: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted. Sentenced to imprisonment for 1 year 10 months, with non-parole period of 12 months.
Legal Topics
Collusive Agreement With Police, Sentencing, Integrity of Justice, Totality, Special Circumstances
Criminal Law Collusive Agreement With Police Sentencing Integrity of Justice Totality Special Circumstances

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Parties

Goran Despotovski

Offender

Director of Public Prosecutions

Prosecution

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for making a collusive agreement with a member of the NSW Police Force?
  2. 2 How should totality and special circumstances affect sentencing when the offender is already serving a custodial sentence?

Ratio Decidendi

Given the seriousness of making a collusive agreement with a member of the police while already serving a substantial custodial sentence, a further custodial sentence of 1 year 10 months with a non-parole period of 12 months is appropriate, taking into account totality, special circumstances, the late guilty plea and the need for both punishment and deterrence.

Court Disposition

Offender convicted. Sentenced to imprisonment for 1 year 10 months, with non-parole period of 12 months.

Orders

  • In accordance with your guilty plea you are convicted.
  • There will be a non-parole period of 12 months.