Regina v Milos Zajac [2001] NSWCCA 361

Regina v Milos Zajac [2001] NSWCCA 361

The Court held that no error warranting intervention was shown. The applicant was more culpable than Colin because he introduced Colin to cocaine and used him as an agent in his own dealing, and his late guilty plea did not show remorse on the available evidence. The sentencing judge adequately took account of the guilty plea, delay, rehabilitation issues and depressive illness, and full-time imprisonment was correctly imposed.

Jurisdiction
Australia
Judgment Date
14 September 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['supply of Cocaine' 'severity Appeal' 'parity Between Co Offenders' 'guilty Plea and Utilitarian Value' 'delay in Sentencing' 'depressive Illness' 'general Deterrence']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Cocaine' 'severity Appeal' 'parity Between Co Offenders' 'guilty Plea and Utilitarian Value' 'delay in Sentencing' 'depressive Illness' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the applicant's sentence of imprisonment for 16 months with a non-parole period of 10 months warranted appellate intervention for severity." 'Whether the applicant had a justifiable sense of grievance by reason of the sentence imposed on the co-offender Colin.' "Whether the sentencing judge failed to give adequate allowance for the applicant's guilty plea and its utilitarian value." "Whether the sentencing judge gave insufficient weight to delay and to the applicant's depressive illness."]

Ratio Decidendi

The Court held that no error warranting intervention was shown. The applicant was more culpable than Colin because he introduced Colin to cocaine and used him as an agent in his own dealing, and his late guilty plea did not show remorse on the available evidence. The sentencing judge adequately took account of the guilty plea, delay, rehabilitation issues and depressive illness, and full-time imprisonment was correctly imposed.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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