R v Siljanovski and Kostadinovic [2003] NSWCCA 38

New South Wales Court of Criminal Appeal

CITATION : R v Siljanovski and Kostadinovic [2003] NSWCCA 38 HEARING DATE(S) : 14/08/02 JUDGMENT DATE : 28 February 2003

JUDGMENT OF : Hidden J at 1; Adams J at 39 DECISION : See paras 30 and 38

CATCHWORDS : CRIMINAL LAW: Sentence - drug supply offences - two co-offenders - whether undue disparity between sentences imposed upon them. LEGISLATION CITED : Drug Misuse and Trafficking Act, 1985 R Hoon and Pouoa [2000] NSWCCA 137 CASES CITED : R v Huang and Lin [2001] NSWCCA 76 R v Radford [2002] NSWCCA 122 Regina PARTIES : Trajan Siljanovski Sasha Kostadinovic FILE NUMBER(S) : CCA 60221/02; 60223/02 R Hulme - Crown COUNSEL : P Nematalla - appellant Siljanovski J Mundey - appellant Kostadinovic S E O'Connor - Crown SOLICITORS : DJ Humphreys - appellant Siljanovski Chegwidden Solicitors - appellant Kostadinovic

LOWER COURT District Court JURISDICTION : LOWER COURT 01/41/0245 FILE NUMBER(S) : 01/41/0248 LOWER COURT Goldring DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60221/2002 60223/2002

HIDDEN J ADAMS J

Friday, 28 February, 2003 REGINA v Trajan SILJANOVSKI REGINA v Sasha KOSTADINOVIC Judgment 1 HIDDEN J: These applications for leave to appeal against sentence were heard together, as the applicants were sentenced in the District Court for offences arising largely out of criminality in which they were jointly involved. 2 Trajan Siljanovski pleaded guilty to a charge of ongoing supply of heroin (s 25A(1) of the Drug Misuse and Trafficking Act, 1985) and two charges of supplying heroin (s 25(1) of the Act). He asked that two further offences of supplying heroin be taken into account on a Form 1. On the charge of ongoing supply of heroin, taking into account the offences on the Form 1, he was sentenced to imprisonment for seven and a half years with a non-parole period of four years. On each of the charges of supplying heroin he was sentenced to concurrent fixed terms of imprisonment for two years, those sentences also being concurrent with the sentence on the ongoing supply charge. The overall effective sentence, then, was imprisonment for seven and a half years with a non-parole period of four years. 3 Sasha Kostadinovic pleaded guilty to four counts of knowingly taking part in the supply of heroin. He asked that four further charges of supplying heroin, together with charges of possessing heroin, goods in custody and driving whilst disqualified, be taken into account. On the first charge of knowingly taking part in the supply of heroin, taking into account the matters on the Form 1, he was sentenced to imprisonment for three years with a non-parole period of one year and ten months. On the other three charges he was sentenced to concurrent terms of imprisonment for two and a half years, those terms also being concurrent with the sentence on the first charge. The overall effective sentence in his case, then, was imprisonment for three years with a non-parole period of one year and ten months. (He was also disqualified from holding a driver's licence for a further period.)