NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Prculovski v R [2010] NSWCCA 274
HEARING DATE(S): 3 November 2010
JUDGMENT DATE: 1 December 2010
JUDGMENT OF: McClellan CJatCL; Schmidt J; Howie AJ
DECISION: Leave to appeal be granted, but the appeal be dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - ss 25 and 25A of Drug Misuse and Trafficking Act 1985 - s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 - whether trial judge erred in final offences were aggravated by reason of being committed as part of planned and organised criminal activity and for financial gain - error not established - no other sentence warranted as a matter of law - leave to appeal granted - appeal dismissed
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
Bowden v The Queen [2009] NSWCCA 45 Cahyadi v The Queen [2007] NSWCCA 1; (2007) 168 A Crim R 41 Re Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518; (2002) 56 NSWLR 146 R v Bavadra [2000] NSWCCA 292; (2000) 115 A Crim R 152 CASES CITED : R v Cheikh [2004] NSWCCA 448 R v Henry & Others [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v MMK (2006) 164 A Crim R 481; (2006) NSWCCA 272 R v Wilhelm [2010] NSWSC 378 Thorne v The Queen [2007] NSWCCA
PARTIES: Goce Prculovski - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2009/10240
COUNSEL: Mr T Gartelmann - Applicant Mr J Pickering - Crown
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