R v Dusan Krstic [2005] NSWCCA 391

R v Dusan Krstic [2005] NSWCCA 391

Leave to appeal was granted but the appeal dismissed as the judge's findings and sentencing were within discretion and the non-parole period not manifestly excessive. Applicant's subjective circumstances did not justify finding of special circumstances.

Jurisdiction
Australia
Judgment Date
21 November 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'special Circumstances' 'firearms Offences']
['criminal Law'] ['sentencing' 'special Circumstances' 'firearms Offences']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the judge erred in assessment of the objective gravity of the firearms offence' 'Whether the judge erred in failing to find special circumstances justifying a lesser non-parole period']

Ratio Decidendi

Leave to appeal was granted but the appeal dismissed as the judge's findings and sentencing were within discretion and the non-parole period not manifestly excessive. Applicant's subjective circumstances did not justify finding of special circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']