New South Wales Court of Criminal Appeal CITATION: REGINA v Darko JANCESKI [2005] NSWCCA 287 HEARING DATE(S): 20 June 2005 JUDGMENT DATE: 18 August 2005 JUDGMENT OF: Spigelman CJ at 1; Hunt AJA at 1; Howie J at 1 DECISION: Appeal dismissed CATCHWORDS: CRIMINAL LAW - Crown Appeal against sentence - Where conviction set aside Regina (Appellant) PARTIES: Darko Janceski (Respondent) FILE NUMBER(S): CCA 2004/2659 H K Dhanji (Appellant) COUNSEL: D V Arnott (Respondent) Murphy's Lawyers Inc (Appellant) SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions (Respondent) LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 02/41/0243 LOWER COURT JUDICIAL OFFICER: Tupman DCJ - 1 - IN THE COURT OF CRIMINAL APPEAL 2004/2659 CCAP SPIGELMAN CJ HUNT AJA HOWIE J Thursday 18 August 2005 REGINA v Darko JANCESKI Judgment 1 THE COURT: The Respondent to the Crown appeal has today been successful in a conviction appeal. The Court has set aside the conviction of the Respondent and ordered a new trial. The Crown appeal must be dismissed. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.