CVITAN, Zdenko Stipe v R; R v Zdenko Stipe CVITAN [2009] NSWCCA 156

New South Wales Court of Criminal Appeal

CITATION: CVITAN, Zdenko Stipe v R; R v Zdenko Stipe CVITAN [2009] NSWCCA 156

HEARING DATE(S): 15 May 2009

JUDGMENT DATE: 4 June 2009

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

DECISION: (i) Crown appeal dismissed; (ii) leave granted to Mr Cvitan to appeal against sentence; (iii) appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW – particular offences – drug offence – manufacture not less than large commercial quantity of prohibited drug - CRIMINAL LAW – appeal against sentence – whether sentence manifestly excessive – whether factual error in sentencing – parity – Crown appeal against sentence of co-offenders abandoned – Crown appeal – sentence manifestly inadequate – offence in mid range of objective gravity – insufficient weight given to standard non-parole period – no reason for departure from standard non-parole period – magnitude of departure denotes error – factual error regarding special circumstances – relevance of need for supervision on release – consequence of finding sentence manifestly inadequate – R v Borkowski [2009] NSWCCA 102 applied – parity consideration relevant to sentencing after Crown appeal

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985

CATEGORY: Principal judgment

Carroll v The Queen [2009] HCA 13 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 R v Borkowski [2009] NSWCCA 102 CASES CITED : R v HFW (Court of Criminal Appeal, 18 May 2007, unreported) R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Wong v R; Leung v R [2001] HCA 64; (2001) 207 CLR 584