R v KOSTOVSKI & NIKOLOVSKI [2010] NSWDC 296

New South Wales District Court

CITATION: R v KOSTOVSKI & NIKOLOVSKI [2010] NSWDC 296

HEARING DATE(S): 25 November 2010

JUDGMENT DATE: 10 December 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: In the case of Mr Kostovski the effective overall sentence is a period of imprisonment consisting of a non parole period of four years and a total term of six and a half years. In the case of Mr Nikolovksi the effective overall sentence is a period of imprisonment consisting of a non parole period of two and a half years and a total term of five years.

CATCHWORDS: CRIMINAL LAW - Sentence - Forms 1 - Break and enter and commit indictable offence - Stealing - In company - Repeated offending - Assistance to authorities

LEGISLATION CITED: Crimes Act

CASES CITED: R v Huynh [2005] NSWCCA 220 Ibbs v R [1987] HCA 46; (1987) 163 CLR 447

The Crown PARTIES: Velko Kostovski Blagoya Nikolovski

FILE NUMBER(S): 2010/77895 ; 2010/77972

COUNSEL: G Ikners - offender Nikolovski

SOLICITORS: Director of Public Prosecutions Gregory J Goold Solicitor

SENTENCE

1 HIS HONOUR: Blagoya Nikolovski and Velko Kostovski appear for sentence after having pleaded guilty to a number of offences. They each also ask that I take into account further offences of two respective Forms 1.

2 Before I deal with the substance of the matter let me immediately address an issue of law which arose during the proceedings. I will examine the matter of law now because of its importance to the assessment of the appropriate sentences.

3 The offenders pleaded guilty to multiple offences under s 112(2) of the Crimes Act, offences of break and enter and commit serious indictable offence. In each case the serious indictable offence committed by the offenders was stealing, the circumstance of aggravation relied on for each offence was that the offenders were in company.