Kresovic v R [2018] NSWCCA 37

Kresovic v R [2018] NSWCCA 37

Although the applicant’s subjective case was strong, objective seriousness of the offending required a sentence reflecting the gravity of the crime. The aggregate sentence imposed was not unreasonable or plainly unjust, and no error was established that would warrant intervention.

Parties
Applicant: Milivoj Kresovic; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
19 March 2018
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Cultivation of Cannabis, Supply of Prohibited Drug, Manifestly Excessive Sentence
Criminal Law Sentence Appeal Cultivation of Cannabis Supply of Prohibited Drug Manifestly Excessive Sentence

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Parties

Milivoj Kresovic

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether the sentence imposed for cultivation and supply of cannabis was manifestly excessive

Ratio Decidendi

Although the applicant’s subjective case was strong, objective seriousness of the offending required a sentence reflecting the gravity of the crime. The aggregate sentence imposed was not unreasonable or plainly unjust, and no error was established that would warrant intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal be granted.
  • The appeal be dismissed.