R v Jolevski [2002] NSWCCA 472

R v Jolevski [2002] NSWCCA 472

On the findings of the sentencing judge, the respondent was not a professional drug dealer, acted under the influence of an undercover officer, demonstrated genuine remorse, and the sentence imposed was not manifestly inadequate to require appellate intervention.

Parties
Respondent: Regina; Appellant: Toni Jolevski
Jurisdiction
Australia
Judgment Date
02 December 2002
Procedural Posture
Criminal Appeal / Crown Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Crown Appeal, Supplying Prohibited Drugs, Exceptional Cases, Remorse and Contrition
Criminal Law Sentencing Crown Appeal Supplying Prohibited Drugs Exceptional Cases Remorse and Contrition

Case Brief

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Parties

Regina

Respondent

Toni Jolevski

Appellant

Procedural Posture

Criminal Appeal / Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly inadequate
  2. 2 Whether the respondent's conduct constituted professional drug dealing
  3. 3 Appropriate sentencing disposition for offence under s25A Drug Misuse and Trafficking Act 1985

Ratio Decidendi

On the findings of the sentencing judge, the respondent was not a professional drug dealer, acted under the influence of an undercover officer, demonstrated genuine remorse, and the sentence imposed was not manifestly inadequate to require appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • The appeal against sentence is dismissed