NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nastoski v R [2010] NSWCCA 187 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 13 August 2010
JUDGMENT DATE: 10 September 2010
JUDGMENT OF: McClellan CJatCL at 1; Hulme J at 2; Davies J at 3
DECISION: 1. Leave to appeal granted. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - conspiracy to manufacture controlled drugs - relative roles of co-conspirators - parity of sentencing - whether reasons for different sentences for co-conspirators were adequate - no basis for a justifiable sense of grievance.
LEGISLATION CITED: Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth)
CATEGORY: Principal judgment
Pettitt v Dunkley [1971] I NSWLR 376 R v Cook (unreported – Court of Criminal Appeal – 12 December 1991) CASES CITED : R v Julie Anne Duffy [1999] NSWCCA 321 R v Olbrich (1999) 199 CLR 270 Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247
PARTIES: Vance Nastoski (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/15041
COUNSEL: C Steirn SC & T Jones (Applicant) N Adams (Respondent)
SOLICITORS: The Law Practice (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/15041
LOWER COURT JUDICIAL OFFICER: Zahra DCJ
LOWER COURT DATE OF DECISION: 22 May 2009
- 1 - IN THE COURT OF CRIMINAL APPEAL 2007/15041
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