Krivosic v R [2017] NSWCCA 167

Krivosic v R [2017] NSWCCA 167

The sentence for unauthorised possession of a prohibited pistol was manifestly excessive as it did not sufficiently account for subjective mitigating factors; aggregate sentencing should be imposed to better reflect total criminality; sentence for drug offence was not manifestly excessive given seriousness and applicant's record.

Parties
Applicant: Marko Krivosic; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 July 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentences in District Court quashed; applicant re-sentenced.
Legal Topics
Appeal Against Sentence, Supply Prohibited Drug, Possess Unauthorised Pistol, Manifest Excess, Aggregate Sentencing
Criminal Law Appeal Against Sentence Supply Prohibited Drug Possess Unauthorised Pistol Manifest Excess Aggregate Sentencing

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Parties

Marko Krivosic

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for supply of a prohibited drug was manifestly excessive
  2. 2 Whether the sentence imposed for unauthorised possession of a prohibited pistol was manifestly excessive
  3. 3 Appropriateness of aggregate sentencing and accumulation

Ratio Decidendi

The sentence for unauthorised possession of a prohibited pistol was manifestly excessive as it did not sufficiently account for subjective mitigating factors; aggregate sentencing should be imposed to better reflect total criminality; sentence for drug offence was not manifestly excessive given seriousness and applicant's record.

Court Disposition

Leave to appeal granted; appeal allowed; sentences in District Court quashed; applicant re-sentenced.

Orders

  • Grant leave to appeal against sentence and allow the appeal.
  • Quash the sentences imposed in the District Court for the offences of supplying a prohibited drug, unauthorised possession of a prohibited pistol, driving whilst disqualified and police pursuit.