Mirojub LUKENIC v R [2008] NSWCCA 250

New South Wales Court of Criminal Appeal

CITATION: Mirojub LUKENIC v R [2008] NSWCCA 250

HEARING DATE(S): 28 October 2008 JUDGMENT OF: McClellan CJ at CL at 17; Simpson J at 1; McCallum J at 18

EX TEMPORE JUDGMENT DATE: 28 October 2008

1. Leave to appeal granted; 2. Appeal allowed, sentences quashed and in lieu thereof the following sentences imposed: DECISION: Count 1: imprisonment for a fixed term of 1 year and 9 months, commencing on 26 April 2007 and expiring on 25 January 2009; Counts 2, 3 & 4: imprisonment made up of a non-parole period of 1 year and 4 months, commencing 26 July 2007 and expiring on 25 November 2008 with a balance of term of 1 year and 2 months expiring on 25 January 2010; Count 5: imprisonment made up of a non-parole period of 1 year and 4 months, commencing on 26 September 2007 and expiring on 25 Janaury 2009 with a balance of term of 1 year and 2 months expiring 25 March 2010.

CATCHWORDS: CRIMINAL LAW - application for leave to appeal against severity of sentence - pleas of guilty - multiple offences - receiving stolen property - disposing of stolen property - possession of stolen property - failure to give proper allowance for total pre-sentence custody - appeal allowed - commencement dates adjusted

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

CATEGORY: Principal judgment

Pearce v The Queen [1998] HCA 57; 194 CLR 610 CASES CITED : R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 McCabe v R [2006] NSWCCA 220; 164 A Crim R 344

PARTIES: Mirojub LUKENIC (Applicant) REGINA (Crown)