Federal Court of Australia
CATCHWORDS Criminal law - Appeal against sentence - Evidence to be considered - Need for appellate Court to know clearly and
exactly what material presented to Court sentencing offender - Admission of fresh evidence on appeal - Limits on capacity of appellate Court to form conclusions of its own - Possession of heroin for the purpose of supply - Administering heroin - Effect of plea of guilty - Role of appellate Court in endeavouring to ensure consistency or parity between sentences for the same offence - Lack of meaningful statistics - Use of available statistics - Quantity of heroin - Reasons for procuring supply -
Involvement of Police.
Criwes Act, 1900 (N.S.W.) s.447B.
viarcotic Drug Ordinance, 1978 ss.3, 4, 6.
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL
TERRITORY
BOZO JURKOVIC v. THE QUEEN
No. A.C.T. G28 of 1981
CORAM: Fox, Kelly and Ellicott, JJ. 23 December 1981 Canberra, A.C.T.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
) } ) No. ACT G 28 of 1981 ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BOZO JURKOVIC
Appellant THE QUEEN
Respondent ORDER JUDGES MAKING ORDER: Fox, Keily and Ellicott JJ DATE OF ORDER: 2? 3 DEC 1981
WHERE MADE: Canberra.
The Court orders that:
1. The appeal be allowed and the sentences set aside. 2. For the offence under s.4(3) of the Poisons
and Narcotic Drug Ordinance 1978 of possessing heroin for the purpose of supplying it to another person or persons, the appellant be sentenced to imprisonment for a term of four
years, with a non-parole period of twenty-one
w
The Court
months.
For the offence under s.6(2) of the said Ordinance of administering heroin to himself, the appellant be sentenced to imprisonment
for a term of three months, to run concurrently
with the sentence under (2).
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