R v Donevski [2023] NSWDC 603

District Court New South Wales

Medium Neutral Citation: R v Donevski [2023] NSWDC 603 Hearing dates: 25/9/23-27/9/23, 7/12/23, 13/12/23 Date of orders: 13/12/23 Decision date: 13 December 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: I impose a head sentence of three years imprisonment. I impose a non‑parole period of one year, ten months. Each of those will date from 26 September 2023 so as to take into account pre-sentence custody. The head sentence, therefore, will expire on 25 September 2026. The non‑parole period will expire on 25 July 2025. Catchwords: Crime – Sentence – Supply large commercial quantity of GBL Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bott v R [2023] NSWCCA 255 Bugmy v The Queen (2013) 249 CLR 571 Green v The Queen (2011) 244 CLR 462 R v Alfar (Unreported) 7 August 2023 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: NSW DPP – Crown Jim Donevski - Offender Representation: Ms K Hogan for Crown Mr R McCaw for Offender File Number(s): 22/76856

remarks on sentence 1. Mr Jim Donevski stood trial before a jury and myself in September 2023, and on 27 September 2023 was found guilty by the jury of an offence of supplying a prohibited drug being not less than the large commercial quantity. The maximum penalty for that offence is life imprisonment and a standard non-parole period is specified, namely, 15 years. Those are important guideposts in the sentencing exercise to which I have had regard.