R v Mucenski [2004] NSWCCA 299

New South Wales Court of Criminal Appeal

CITATION : R v Mucenski [2004] NSWCCA 299 HEARING DATE(S) : 20/07/04 JUDGMENT DATE : 3 September 2004

JUDGMENT OF : Wood CJ at CL at 1; Hidden J at 2; Smart AJ at 24 DECISION : Appeal allowed, sentence on charge of ongoing supply quashed: in lieu, sentenced to 4 years, 4 months, NPP 2 1/2 years, from 28.2.03 (see para 23)

CATCHWORDS : CRIMINAL LAW: Application for leave to appeal against sentence - ongoing supply of cocaine and other charges - disparity from sentence of co-offender Drug Misuse and Trafficking Act 1985 LEGISLATION CITED : Firearms Act 1996 Crimes (Sentencing Procedure) Act 1999 CASES CITED : R v Collins [2004] NSWCCA 30 R v Hallocoglu (1992) 29 NSWLR 67 PARTIES : Anthony Mucenski (applicant) Regina (respondent) FILE NUMBER(S) : CCA 60124/04 COUNSEL : Gabrielle Bashir (applicant) D C Frearson (respondent) SOLICITORS : A Houda (applicant) S Kavanagh (respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 03/21/3102 FILE NUMBER(S) : LOWER COURT Maguire DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60124/04

WOOD CJ at CL HIDDEN J SMART AJ

3 September 2004 REGINA v Anthony MUCENSKI Judgment 1 WOOD CJ at CL: I have read in draft form the judgment of Hidden J. I agree with the orders proposed, and with the reasons of his Honour. 2 HIDDEN J: The applicant, Anthony Mucenski, pleaded guilty in the District Court to the following charges: 1. Ongoing supply of a prohibited drug, cocaine: an offence under s25A of the Drug Misuse and Trafficking Act , carrying a maximum sentence of 20 years imprisonment; 2. Unauthorised possession of a firearm, a replica pistol: an offence under s7 of the Firearms Act , carrying a maximum sentence of imprisonment for five years.