R v Dusan Krstic [2005] NSWCCA 391

New South Wales Court of Criminal Appeal

CITATION: R v Dusan Krstic [2005] NSWCCA 391

HEARING DATE(S): 10 November 2005

JUDGMENT DATE: 21 November 2005

JUDGMENT OF: Sully J; Hulme J; Latham J

DECISION: Leave to appeal granted; Appeal dismissed.

CATCHWORDS: Sentence only - special circumstances.

Firearms Act 1996 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986

R v Simpson(2001) 53 NSWLR 704 CASES CITED: R v Fidow [2004] NSWCCA 172 R v Martin [2005] NSWCCA 381

Crown - Respondent PARTIES: Dusan Krstic - Applicant

FILE NUMBER(S): CCA 2005/1941

Crown - G Rowlings COUNSEL: Applicant - G Jones

Crown - S Kavanagh SOLICITORS: Applicant - Mr David Leamey

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/41/0182

LOWER COURT JUDICIAL OFFICER: Phelan DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/1941

SULLY J HULME J LATHAM J

21 November 2005 R v DUSAN KRSTIC Judgment

1 SULLY J: I agree with Latham J. 2 HULME J: I agree with Latham J. 3 LATHAM J: The applicant, Dusan Krstic, pleaded guilty at Wollongong Local Court on 25 August 2004 to one count of possess prohibited pistol, pursuant to s 7(1) of the Firearms Act 1996. That offence carries a maximum penalty of 14 years' imprisonment. A standard non-parole period of 3 years applies to the offence under s 54A-D Crimes (Sentencing Procedure) Act 1999. When sentenced by his Honour Judge Phelan (the Judge) on 15 February 2005, the applicant was also sentenced in relation to 4 further offences on a certificate pursuant to s 166 of the Criminal Procedure Act 1986. Those offences were goods in custody, possess ammunition, possess restricted substance being steroids and possess prohibited drug being methylamphetamine. 4 On the charge of possess prohibited pistol, the applicant was sentenced to a non-parole period of 2 years to date from 1 June 2004 expiring on 31 May 2006, with an additional period of 8 months to date from 1 June 2006 and to expire on 31 January 2007. On the goods in custody charge, the applicant was sentenced to a fixed term of 2 months' imprisonment to commence on 1 June 2004. On the possess ammunition charge, the applicant was sentenced to the rising of the Court and on each of the possess restricted substance and possess prohibited drug charges the applicant was fined the sum of $50. The applicant seeks leave to appeal against the sentences imposed. 5 Whilst the grounds of appeal, as filed, nominated a number of individual errors allegedly made by the Judge, these grounds were distilled on the hearing of the appeal to 2 major grounds, namely: