R v Kostecoglou [2002] NSWCCA 514

R v Kostecoglou [2002] NSWCCA 514

The sentences imposed, though lenient, were not manifestly inadequate as they were justified by the respondent’s strong subjective case, appropriate relationship to the sentences of co-offender Halifihi, and the Crown's stance at first instance; parity and procedural fairness dictate no appellate intervention.

Parties
Applicant: Crown; Respondent: Tass Kostecoglou
Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Criminal Appeal / Crown Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentence, Crown Appeal, Ongoing Supply of Heroin and Cocaine, Parity With Co Offender, Attitude of Crown in Sentence Proceedings
Criminal Law Sentence Crown Appeal Ongoing Supply of Heroin and Cocaine Parity With Co Offender Attitude of Crown in Sentence Proceedings

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Parties

Crown

Applicant

Tass Kostecoglou

Respondent

Procedural Posture

Criminal Appeal / Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly inadequate
  2. 2 Application of parity principle with co-offender
  3. 3 Appropriateness of concurrent sentencing for multiple charges

Ratio Decidendi

The sentences imposed, though lenient, were not manifestly inadequate as they were justified by the respondent’s strong subjective case, appropriate relationship to the sentences of co-offender Halifihi, and the Crown's stance at first instance; parity and procedural fairness dictate no appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed