NSW Caselaw
Reported Decision : 137 A Crim R 257
New South Wales Court of Criminal Appeal
CITATION : R v Kostecoglou [2002] NSWCCA 514 FILE NUMBER(S) : CCA 60475/2002 HEARING DATE(S) : 16/12/02 JUDGMENT DATE : 20 December 2002
PARTIES : Crown - applicant Tass Kostecoglou - respondent JUDGMENT OF : Giles JA at 1; James J at 2; Hidden J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 06/11/2001 LOWER COURT JUDICIAL Tupman DCJ OFFICER :
COUNSEL : P E Barrett - Crown B Cross - Respondent SOLICITORS : SE O'Connor - Crown Tully & Company - Respondent CATCHWORDS : CRIMINAL LAW: Sentence - Crown appeal - ongoing supply of heroin and cocaine - whether sentences inadequate - parity with co-offender - attitude of Crown in sentence proceedings. LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Firearms Act 1996 DECISION : Appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL 60475/02
GILES JA JAMES J HIDDEN J
Friday, 20 December, 2002 REGINA v Tass KOSTECOGLOU JUDGMENT 1 GILES JA: I agree with Hidden J. 2 JAMES J: I agree with Hidden J. 3 HIDDEN J: This is an appeal by the Director of Public Prosecutions against sentences passed upon the respondent by Tupman DCJ after he pleaded guilty to two charges of ongoing supply of heroin and two charges of ongoing supply of cocaine. Each charge was brought under s 25A of the Drug Misuse and Trafficking Act 1985, carrying a maximum sentence of twenty years imprisonment. On the two charges of ongoing supply of heroin her Honour passed concurrent sentences of three years and two months imprisonment, to date from 3 September, 2002, with non-parole periods of twelve months. On the two charges of ongoing supply of cocaine, her Honour passed concurrent fixed terms of imprisonment for twelve months, also to date from 3 September, 2002. In passing sentence on the first of the heroin charges, her Honour took into account on a Form 1 an offence of possessing an unauthorised firearm (s 7(1) of the Firearms Act 1996). The overall effective sentence, then, was imprisonment for three years and two months with a non-parole period of twelve months.
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