Voronov v Regina [2017] NSWCCA 241

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Voronov v Regina [2017] NSWCCA 241 Hearing dates: 24 May 2017 Decision date: 06 October 2017 Before: Bathurst CJ at [1] Hoeben CJ at CL at [2] McCallum J at [3] Decision: Leave to appeal granted; non-parole period fixed on 27 June 2016 in respect of sentences imposed in District Court varied to a non-parole period of four years commencing on 11 March 2015 and expiring on 10 March 2019 Catchwords: CRIME – appeals – sentence – non-parole periods –federal offences – whether sentencing judge erroneously applied requirement under State legislation of 'special circumstances' in determining applicant's non-parole period Legislation Cited: Crimes Act 1914 (Cth), ss 19AB, 29D Criminal Appeal Act 1912 (NSW), s 7 Criminal Code Act 1995 (Cth), ss 134.2(1), 135.1(5) Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2B) Cases Cited: Elshani v R [2015] NSWCCA 254 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Category: Principal judgment Parties: Vladislav Voronov (applicant) Regina (respondent) Representation: Counsel: C McGorey (applicant) K Morgan (respondent)

Solicitors: Criminal Lawyers (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2009/10959 Publication restriction: None Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Crime Date of Decision: 27 June 2016 Before: Syme DCJ File Number(s): 2009/10959