Lopatinsky v Regina [2017] NSWCCA 227

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lopatinsky v Regina [2017] NSWCCA 227 Hearing dates: 20 April 2017 Decision date: 20 September 2017 Before: Simpson JA at [1] McCallum J at [2] Fagan J at [31] Decision: Leave to appeal granted; sentence imposed in the District Court set aside and, in substitution therefor, applicant sentenced to a term of imprisonment with a non-parole period of 4 years and 6 months commencing on 6 March 2015 and expiring on 5 September 2019 and a balance of term of 2 years and 3 months expiring on 5 December 2021 Catchwords: CRIME – appeals – sentence – disparity – where both offenders sentenced by same judge at different times – consideration of sentencing judge's finding that co-offender was marginally less involved than applicant in commission of offence – whether applicant has justifiable sense of grievance Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Drug Misuse and Trafficking Act 1985 (NSW), s 25(2), sch 1 Cases Cited: Kemp v R [2012] NSWCCA 281 Category: Principal judgment Parties: Michael Lopatinsky (applicant) Regina (respondent) Representation: Counsel: S Hughes (applicant) P Coady (respondent)

Solicitors: Legal Aid (NSW) (applicant) Office of the Director of Public Prosecutions (respondent) File Number(s): 2015/69934 Publication restriction: None Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Crime Date of Decision: 15 June 2016 Before: Bennett SC DCJ