R v Siljanovski and Kostadinovic [2003] NSWCCA 38

R v Siljanovski and Kostadinovic [2003] NSWCCA 38

Kostadinovic's three-year effective sentence, after a 25 percent guilty plea discount and taking account of his subjective case, did not require appellate intervention. Siljanovski was more culpable because he pleaded guilty to ongoing supply and controlled the operation, but Kostadinovic's active and significant role, greater number of Form 1 offences and criminal history meant that Siljanovski would have a justifiable sense of grievance at an effective sentence two and a half times greater; the disparity required reduction of Siljanovski's ongoing supply sentence.

Jurisdiction
Australia
Judgment Date
28 February 2003
Procedural Posture
Criminal Applications for Leave to Appeal Against Sentence / Court of Criminal Appeal; Applications Heard Together After Sentences Imposed in the District Court
Outcome
Leave to appeal granted to both applicants; Kostadinovic's appeal dismissed; Siljanovski's appeal allowed and his sentence on the ongoing supply charge reduced.
Legal Topics
['drug Supply Offences' 'heroin Supply' 'ongoing Supply' 'knowingly Taking Part in Supply' 'form 1 Offences' 'guilty Plea Discount' 'parity and Undue Disparity' 'manifest Excess']
['criminal Law' 'sentencing'] ['drug Supply Offences' 'heroin Supply' 'ongoing Supply' 'knowingly Taking Part in Supply' 'form 1 Offences' 'guilty Plea Discount' 'parity and Undue Disparity' 'manifest Excess']

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Procedural Posture

Criminal Applications for Leave to Appeal Against Sentence / Court of Criminal Appeal; Applications Heard Together After Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence imposed on Sasha Kostadinovic warranted appellate intervention for inadequate weight to his plea of guilty or subjective circumstances.' 'Whether the effective sentence imposed on Trajan Siljanovski was manifestly excessive.' "Whether there was an unwarranted disparity between Trajan Siljanovski's effective sentence and Sasha Kostadinovic's effective sentence."]

Ratio Decidendi

Kostadinovic's three-year effective sentence, after a 25 percent guilty plea discount and taking account of his subjective case, did not require appellate intervention. Siljanovski was more culpable because he pleaded guilty to ongoing supply and controlled the operation, but Kostadinovic's active and significant role, greater number of Form 1 offences and criminal history meant that Siljanovski would have a justifiable sense of grievance at an effective sentence two and a half times greater; the disparity required reduction of Siljanovski's ongoing supply sentence.

Court Disposition

Leave to appeal granted to both applicants; Kostadinovic's appeal dismissed; Siljanovski's appeal allowed and his sentence on the ongoing supply charge reduced.

Orders

  • ['Grant Sasha Kostadinovic leave to appeal but dismiss his appeal.' 'Grant Trajan Siljanovski leave to appeal and allow the appeal.' 'Quash the sentence on the charge of ongoing supply of heroin.' 'On the charge of ongoing supply of heroin, taking into account the matters on the Form 1, impose a sentence of...