R v Jolevski [2002] NSWCCA 472

New South Wales Court of Criminal Appeal

CITATION : R v Jolevski [2002] NSWCCA 472 FILE NUMBER(S) : CCA 60442/02 HEARING DATE(S) : 26 November 2002 JUDGMENT DATE : 2 December 2002

PARTIES : Regina Toni Jolevski JUDGMENT OF : Mason P at 1; Sperling J at 2; Bell J at 24

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 0/11/0185 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :

COUNSEL : Mr R Hulme SC for the Crown Mr S Odgers SC for the Appellant SOLICITORS : Mr S E O'Connor for the Director of Public Prosecutions Aitken McLachlan Thorpe for the Appellant CATCHWORDS : Criminal Law - sentencing - Crown appeal - no question of principle LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999, s9 Drug Misuse and Trafficking Act 1985, s25A CASES CITED: McArthur [2002] NSWCCA 390 DECISION : Appeal dismissed.

- 16 -IN THE COURT OF CRIMINAL APPEAL 60442/02

Mason P Sperling J Bell J

Monday, 2 December 2002 R v Jolevski Judgment 1 Mason P: I agree with Sperling J. 2 Sperling J: The respondent Toni Jolevski was born on 8 August 1972. He was charged with the offence of supplying a prohibited drug (methylamphetamine) on an ongoing basis between 21 September 2001 and 22 October 2001, contrary to s25A of the Drug Misuse and Trafficking Act 1985. The offence is constituted by the supply of a prohibited drug for financial or material reward on three or more separate occasions during any period of 30 consecutive days. The maximum penalty prescribed for the offence is imprisonment for 20 years and / or a fine of 3,500 penalty units. 3 The respondent pleaded guilty to the charge at the earliest possible time. On 16 August 2002, Kinchington DCJ, having taken evidence on 1 August 2002, deferred sentence upon the respondent entering into a bond pursuant to s9 of the Crimes (Sentencing Procedure) Act 1999 to be of good behaviour for a period of 18 months from 16 August 2002. Additionally, His Honour imposed a fine of $3,000. A further offence of possessing a prohibited drug, committed on 21 October 2001, was taken into account on Form 1. 4 The Crown has appealed against the sentence. 5 In brief, the facts constituting the offence charged were as follows. The respondent supplied tablets containing methylamphetamine to an undercover police officer, "Jenny". They had met in the Zen nightclub at Kings Cross where police were carrying out an operation targeting drug dealing at that establishment. The respondent supplied four tablets to the operative on the first meeting. They exchanged telephone numbers and maintained contact in the ensuing weeks, during which there were three further occasions of supply. Details of the four transactions are as follows. 22 September 2001 4 tablets 1.12grams 7% purity $160