Markovic v R (No. 5) [2023] NSWDC 278

District Court New South Wales

Medium Neutral Citation: Markovic v R (No. 5) [2023] NSWDC 278 Hearing dates: 03 July 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) The Community Corrections Order is revoked (2) Sentence the offender to a fixed term of imprisonment of 6 months commencing on 8 May 2023 and to expire on 7 November 2023 (3) Any sentence that might follow the further prosecutions to which he is subject may be adapted to these dates Catchwords: APPEALS — Jurisdiction of appellate court — District Court APPEALS — Leave to appeal — Leave granted to withdraw appeal APPEALS — Nature of appeal — Functions of appellate court APPEALS — Orders on appeal — Finality APPEALS — Orders on appeal — Powers of appellate court APPEALS — Procedure — Orders on appeal APPEALS — Procedure — Record of court SENTENCING — Appeal against sentence — Powers of court — "Sentence" Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Road Rules 2014 Cases Cited: Belan v Office of the Director of Public Prosecutions (NSW) [2021] NSWCA 96 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 DPP (NSW) v Jones [2017] NSWCCA 164 Markovic v R (No. 1) [2022] NSWDC 353 Markovic v R (No. 2) [2022] NSWDC 354 Markovic v R (No. 3) [2022] NSWDC 675 Markovic v R (No. 4) [2022] NSWDC 742 Parker v The Director of Public Prosecutions (1992) 28 NSWLR 282 Yates v Commissioner of Corrective Services of NSW [2014] NSWSC 653 Category: Sentence Parties: Duro George Markovic (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Paul Bolster (Counsel for the Applicant)