LOZANOVSKI v R [2009] NSWCCA 123

New South Wales Court of Criminal Appeal

CITATION: LOZANOVSKI v R [2009] NSWCCA 123

HEARING DATE(S): 12 February 2009

JUDGMENT DATE: 29 April 2009

JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Adams J at 3

DECISION: 1. Leave to appeal granted. 2. Head sentence is reduced to three years' imprisonment. A non-parole period of one year and nine months to commence on 29 August 2007 and expire on 28 May 2009 is imposed.

CATCHWORDS: Sentence appeal - parity

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1997 s 44 Drug Misuse and Trafficking Act 1985 s 25

CATEGORY: Principal judgment

PARTIES: Jason LOZANOVSKI Regina

FILE NUMBER(S): CCA 2008/00001204

COUNSEL: C Smith (Applicant) J Dwyer (Respondent)

SOLICITORS: S E O'Connor (Applicant) S Kavanagh (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 08/31/0012

LOWER COURT JUDICIAL OFFICER: Coolahan DCJ

LOWER COURT DATE OF DECISION: 1 May 2008

IN THE COURT OF CRIMINAL APPEAL 2008/00001204003

McCLELLAN CJ at CL JAMES J ADAMS J

29 April 2009 LOZANOVSKI v R Judgment

1 McCLELLAN CJ at CL: I agree with Adams J. 2 JAMES J: I agree with Adams J. 3 ADAMS J:

Introduction

The applicant was sentenced in the District Court on 1 May 2008 to a term of imprisonment of three years and nine months with a non-parole period of two years and three months upon the charge that between 27 July and 16 August 2007 at Glendale he did on three or more separate occasions during a period of thirty consecutive days supply methylamphetamine for reward, an offence under s 25A(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for this offence is imprisonment for twenty years. The Court on the same date also sentenced his co-offender, Theo Kapsiskis to one charge of supplying an amount of methylamphetamine of not less than the commercial quantity between 27 July and 28 August 2007, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The commercial quantity of methylamphetamine as prescribed in Schedule 1 to the Act is 250 grams or more. This offence carries a maximum of twenty years' imprisonment but also a standard non-parole period of ten years' imprisonment. The co-offender was sentenced to a term of imprisonment of three years and six months with a non-parole period of one year and six months. 4 The applicant seeks leave to appeal against his sentence upon the ground that there is such a substantial disparity in all the circumstances between his sentence and that imposed on the co-offender as to require a reduction of his sentence in the interests of justice.