Vujinovic v R [2024] NSWCCA 10

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vujinovic v R [2024] NSWCCA 10 Hearing dates: 27 November 2023 Date of orders: 27 November 2023 Decision date: 19 February 2024 Before: Davies J at [1] Button J at [2] Weinstein J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Quash the sentence imposed in the District Court on 28 October 2022. (4) In lieu, sentence the applicant to a term of imprisonment of 4 years 10 months, with a non-parole period of 3 years commencing 14 December 2020. (5) The applicant is first eligible for parole on 13 December 2023. His head sentence will expire on 13 October 2025. Catchwords: CRIME – appeals – appeal against sentence – parity – disparity between sentences of co-offenders after sentencing judge found applicant's sentence should be slightly longer than co-offender's – whether sentencing discretion miscarried – appeal allowed – applicant resentenced Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5 Criminal Code 1995 (Cth), ss 302.2, 311.2, 400.9 Cases Cited: DS v R [2014] NSWCCA 267 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hassoun v R [2023] NSWCCA 5 Jaafar v R [2022] NSWCCA 254 Lloyd v R [2017] NSWCCA 303 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Category: Principal judgment Parties: Mladen Vujinovic (Applicant) Rex (Respondent) Representation: Counsel: S Howell (Applicant) R Ranken (Respondent)