Maglovski v R [2014] NSWCCA 238

Maglovski v R [2014] NSWCCA 238

There was no error in the sentencing judge increasing the non-parole period to 80 percent of the head sentence, nor in failing to find special circumstances, as these decisions were considered and consistent with statutory provisions and relevant case law.

Parties
Applicant: Dragi Maglovski; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
29 October 2014
Procedural Posture
Criminal Appeal / Leave to Appeal Granted; Appeal Re Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Murder, Special Circumstances, Non Parole Period, Appeal
Criminal Law Sentencing Murder Special Circumstances Non Parole Period Appeal

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Parties

Dragi Maglovski

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Appeal / Leave to Appeal Granted; Appeal Re Sentence

Legal Issues

  1. 1 Whether sentencing judge erred in fixing the non-parole period at 80 percent of the overall term
  2. 2 Whether sentencing judge erred in not finding special circumstances

Ratio Decidendi

There was no error in the sentencing judge increasing the non-parole period to 80 percent of the head sentence, nor in failing to find special circumstances, as these decisions were considered and consistent with statutory provisions and relevant case law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal be granted.
  • Appeal be dismissed.