NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Todorovic [2008] NSWCCA 49
HEARING DATE(S): 14 December 2007
JUDGMENT DATE: 10 March 2008
JUDGMENT OF: Grove J at 1; Hulme J at 40; Simpson J at 69
DECISION: Crown appeal dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Crown appeal - Manifest inadequacy demonstrated - (per Hulme J) - 20% discount for utilitarian value of plea of guilty involved miscarriage of discretion - Little mitigation in offender's gambling addiction - (by the Court) - Material since sentence including illnesses of respondent - Residual discretion to dismiss Crown appeal invoked
LEGISLATION CITED: s178BA(1) Crimes Act 1900
CATEGORY: Principal judgment
R v Hallacoglu (1992) 29 NSWLR 67; 63 A Crim R 287 CASES CITED : R v Henry (1999) 46 NSWLR 346 R v Molesworth [1999] NSWCCA 43 R v Thomson & Houlton (2000) 49 NSWLR 383
Penny Crofts: Gambling and Criminal Behaviour - An Analysis of Local and District Court Files (2002) TEXTS CITED: Alex Blaszczynski: Pathways to Pathological Gambling: Identifying Typologies (2000) 1 eGambling: The Electronic Journal of Gambling Issues
PARTIES: REGINA - Appellant Aleksandra TODOROVIC - Respondent
FILE NUMBER(S): CCA 2007/4829
COUNSEL: P Miller (Appellant) P Strickland SC (Respondent)
SOLICITORS: Solicitor for Public Prosecutions (Appellant) Legal Aid Commission (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/1188
LOWER COURT JUDICIAL OFFICER: Armitage DCJ
LOWER COURT DATE OF DECISION: 28 September 2007
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