Ristovski v R [2017] NSWCCA 285

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ristovski v R [2017] NSWCCA 285 Hearing dates: 23 November 2017 Date of orders: 30 November 2017 Decision date: 30 November 2017 Before: Hoeben CJ at CL at [1]; Davies J at [36]; Adamson J at [37] Decision: (1) Leave to appeal granted. (2) The appeal is dismissed. Catchwords: SENTENCE APPEAL – two counts of deemed supply of heroin and methylamphetamine – matters on a Form 1 including deal with proceeds of crime of $41,200 – ex tempore judgment by sentencing judge – modest custodial sentence (head sentence of 2 years and 3 months with non-parole period of 1 year) – applicant suffering from kidney disease and on wait list for kidney transplant – requirement for kidney dialysis on a daily basis – whether sentencing judge properly took into account applicant's kidney condition – whether sentencing judge treated applicant's criminal record as an aggravating factor – whether sentencing judge entitled to treat as an aggravating factor that drugs and money were found in the applicant's house – whether sentence was manifestly excessive – leave to appeal against sentence granted but appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 193B(2) Crimes (Sentencing Procedure) Act 1999 (NSW) – s 21A(2)(ea) Drug Misuse and Trafficking Act 1985 (NSW) – s 25(1) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146 Gore v R (2010) 208 A Crim R 353 at [104]). Kay v R; Ellis v R [2017] NSWCCA 218 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Obeid v R [2017] NSWCCA 221 Qutami v R [2001] NSWCCA 353; 127 A Crim R 369 R v Clarke (unreported, NSWCCA, 15 March 1990) Robertson v R [2017] NSWCCA 205 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Jimmy Ristovski – Applicant Regina – Respondent Crown Representation: Counsel: J Stratton SC – Applicant S Dowling SC – Respondent Crown