Jaskierski v Regina [2007] NSWCCA 168

New South Wales Court of Criminal Appeal

CITATION: Jaskierski v Regina [2007] NSWCCA 168

HEARING DATE(S): 12 June 2007

JUDGMENT DATE: 19 June 2007

JUDGMENT OF: Hodgson JA at 1; Grove J at 2; Simpson J at 3

DECISION: Leave to appeal granted. Appeal dismissed.

CATCHWORDS: CRIMINAL LAW – SENTENCING – supply heroin – plea of guilty – parity – joint participation in enterprise

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s 44(2)

CASES CITED: R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383

PARTIES: Joseph Jaskierski (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/770

COUNSEL: G Gillett (Applicant) T Thorpe (Respondent)

SOLICITORS: N/A (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0676

LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ

LOWER COURT DATE OF DECISION: 15 September 2006

IN THE COURT OF CRIMINAL APPEAL 2007/770

HODGSON JA GROVE J SIMPSON J

19 JUNE 2007 JOSEPH JASKIERSKI v REGINA Judgment 1 HODGSON JA: I agree with Simpson J. 2 GROVE J: I agree with Simpson J. 3 SIMPSON J: In April and May 2006 the applicant was tried in the District Court on an indictment containing a single count of supplying a prohibited drug, heroin. On 8 May 2006 the jury returned a verdict of guilty. On 15 September 2006 he was sentenced by Ainslie-Wallace DCJ to imprisonment for 5½ years, made up of a non-parole period of 3½ years and a balance of term of 2 years, commencing on 8 May 2006, the date of verdict. The applicant now seeks leave to appeal against the sentence. He does not appeal against the conviction. 4 Although two grounds of the application are pleaded, they essentially raise a single issue: parity of sentencing.