NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Nikolic [2007] NSWCCA 232 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): Monday 16 April 2007
JUDGMENT DATE: 8 August 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Rothman J at 28
DECISION: Appeal allowed, sentence passed in the District Court quashed. Re-sentenced to a non-parole period of eight-and-a-half years, commencing on 26 February 2005 and expiring on 25 August 2013, and a balance of term of four years and three months, commencing on 26 August 2013 and expiring on 25 November 2017.
CATCHWORDS: CRIMINAL LAW - Sentence - Crown appeal - knowingly taking part in supply of large commercial quantity of ecstasy - related to Crown appeal in R v Stankovic - whether sentence manifestly inadequate - whether "bottom-up" approach to sentencing appropriate.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Stankovic [2006] NSWCCA 229 CASES CITED: R v Way (2004) 60 NSWLR 168 R v Tobar (2004) 150 A Crim R 104
PARTIES: Regina (applicant) Gojko Nikolic (respondent)
FILE NUMBER(S): CCA 2007/336
COUNSEL: R Herps (Crown) A Francis (respondent)
SOLICITORS: Solicitor for Public Prosecutions (applicant) Legal Aid Commission (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0117
LOWER COURT JUDICIAL OFFICER: GeraghtyDCJ
IN THE COURT OF CRIMINAL APPEAL 2007/336
McCLELLAN CJ at CL HIDDEN J ROTHMAN J
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