R v BANIC [2004] NSWCCA 322

New South Wales Court of Criminal Appeal

CITATION : R v BANIC [2004] NSWCCA 322 HEARING DATE(S) : 20/09/04 JUDGMENT DATE : 23 September 2004

JUDGMENT OF : Spigelman CJ at 1; Barr J at 2; Hoeben J at 33 DECISION : Appeal against conviction dismssed; Leave granted to appeal against sentence and appeal dismissed.

PARTIES : Regina v Radovan BANIC FILE NUMBER(S) : CCA 2004/1809 CCA COUNSEL : Appellant: J Conomos Respondent: D Woodburne SOLICITORS : Appellant: Tsambas & Co Respondent: S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0744 FILE NUMBER(S) : LOWER COURT Nield DCJ JUDICIAL OFFICER :

- 11 - IN THE COURT OF CRIMINAL APPEAL 2004/1809 (60290/04)

SPIGELMAN CJ BARR J HOEBEN J

23 September 2004 REGINA v Radovan BANIC Judgment 1 SPIGELMAN CJ: I agree with Barr J.

2 BARR J: This is an appeal against a conviction entered up in the District Court and an application for leave to appeal against the resulting sentence. On 27 October 2003 the appellant stood trial before a jury on a charge of suppling the prohibited drug methylamphetamine and on a charge of supplying the prohibited drug 3, 4 methylenedioxymethylamphetamine. The latter drug is known as ecstasy. The jury found the appellant guilty on both counts. The trial judge, Nield DCJ, sentenced the appellant for each offence to imprisonment for four years with a non-parole period of three years.