Regina v Novakovic [2004] NSWCCA 437

Regina v Novakovic [2004] NSWCCA 437

The applicant's sentence on Count 6 should be reduced to reflect the principle of parity and special circumstances, as the margin between his sentence and that of co-offender Porreca was unsustainable. There were credible special circumstances justifying a shorter non-parole period. Sentences were varied accordingly.

Parties
Prosecution: Regina; Applicant: Michael Novakovic
Jurisdiction
Australia
Judgment Date
06 December 2004
Procedural Posture
Criminal Appeal / Sentencing Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed in part
Legal Topics
Sentencing, Drug Offences, Parity, Special Circumstances
Criminal Law Sentencing Drug Offences Parity Special Circumstances

Case Brief

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Parties

Regina

Prosecution

Michael Novakovic

Applicant

Procedural Posture

Criminal Appeal / Sentencing Appeal

Legal Issues

  1. 1 Whether the sentence imposed on Count 2 was disparate compared to Hansel's sentence
  2. 2 Whether the sentence imposed on Count 6 was manifestly excessive
  3. 3 Whether the sentence imposed on Count 6 was disparate compared to Porreca's sentence

Ratio Decidendi

The applicant's sentence on Count 6 should be reduced to reflect the principle of parity and special circumstances, as the margin between his sentence and that of co-offender Porreca was unsustainable. There were credible special circumstances justifying a shorter non-parole period. Sentences were varied accordingly.

Court Disposition

Leave to appeal against sentence granted; appeal allowed in part

Orders

  • Quash sentence passed in connection with Count 6; re-sentence appellant to imprisonment for 3 years commencing 28/10/03 and expiring 27/10/06, with a non-parole period of 2 years commencing 28/10/03 and expiring 27/10/05, upon which date applicant to be released to parole.
  • Vary sentence passed in connection with Count 2 by appending a non-parole period of 2 years commencing 28/10/03 and expiring 27/10/05, upon which date applicant to be released to parole.