NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GOLUBOVIC, Jonny v R [2010] NSWCCA 39
HEARING DATE(S): 12 February 2010
JUDGMENT DATE: 4 March 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Harrison J at 3
DECISION: 1. Leave to appeal granted. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – sentence appeal – where applicant convicted of numerous offences of obtaining property by deception contrary to s 178BA(1) Crimes Act 1900 – where value of property exceeded $250,000 – where applicant sentenced to effective non-parole period of 18 months – whether sentencing judge erred in not imposing entirely concurrent sentences for all offences – whether sentencing judge erred in allowing only 40 per cent combined discount for early plea and assistance to authorities – whether sentencing procedure conducted on basis of agreed facts erroneous – whether sentence manifestly excessive – appeal dismissed.
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Della-Vedova v R [2009] NSWCCA 107 MAJW v R [2009] NSWCCA 255 CASES CITED : R v XX [2009] NSWCCA 115 S v R [2008] NSWCCA 186 SZ v The Queen [2007] NSWCCA 19; (2007) 168 A Crim R 249
PARTIES: Jonny Golubovic (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2009/10667; 2009/10668
COUNSEL: F Veltro (Respondent)
SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/11/0619; 2009/11/0620; 2009/11/0621
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 28 August 2009 (date of sentence)
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