Prculovski v R [2010] NSWCCA 274

Prculovski v R [2010] NSWCCA 274

The applicant did not establish sentencing error. The sentencing remarks did not demonstrate that the judge impermissibly double counted financial gain for the s 25A offence, and the evidence supported treating the drug offending as involving planned and organised criminal activity and, for the s 25 offences, financial gain. In any event, given the seriousness of the drug supplies, the firearm offence, the eleven Form 1 matters, the maximum penalties, and the very lenient concurrent structure of the sentences, no lesser sentence was warranted as a matter of law.

Jurisdiction
Australia
Judgment Date
01 December 2010
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'aggravating Factors' 'planned and Organised Criminal Activity' 'financial Gain' 'drug Supply on an Ongoing Basis' 'form 1 Offences' 'totality Principle']
['criminal Law' 'sentencing' 'drug Offences' 'firearms Offences'] ['appeal Against Sentence' 'aggravating Factors' 'planned and Organised Criminal Activity' 'financial Gain' 'drug Supply on an Ongoing Basis' 'form 1 Offences' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the offences were aggravated by reason of being committed as part of planned and organised criminal activity.' 'Whether the sentencing judge erred in treating financial gain as an aggravating factor, particularly in relation to an offence under s 25A(1) of the Drug Misuse and Trafficking Act 1985.' 'Whether any other sentence was warranted as a matter of law under s 6(3) of the Criminal Appeal Act 1912.']

Ratio Decidendi

The applicant did not establish sentencing error. The sentencing remarks did not demonstrate that the judge impermissibly double counted financial gain for the s 25A offence, and the evidence supported treating the drug offending as involving planned and organised criminal activity and, for the s 25 offences, financial gain. In any event, given the seriousness of the drug supplies, the firearm offence, the eleven Form 1 matters, the maximum penalties, and the very lenient concurrent structure of the sentences, no lesser sentence was warranted as a matter of law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']