R v Milan Banic [2018] NSWDC 55

District Court New South Wales

Medium Neutral Citation: R v Milan Banic [2018] NSWDC 55 Hearing dates: 16 March 2018 Date of orders: 21 March 2018 Decision date: 21 March 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 For each offence the offender is convicted. 2 I impose an aggregate term of imprisonment of 4 years and 6 months with a non-parole period of 3 years. The sentence is to date from 15 November 2016. The non-parole period will expire on 14 November 2019 and the head sentence will expire on 14 May 2021. 3 The offender will be eligible to be released on parole on 14 November 2019. 4 The offender is an eligible convicted offender within the meaning of section 5A Drug Court Act 1998. I direct that he be referred to the Drug Court to determine if he should be the subject of a compulsory drug treatment order. Catchwords: CRIMINAL LAW – offence - plea of guilty – supply prohibited drug on ongoing basis – knowingly deal with proceeds of crime – deal with identity information SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty – low range of objective seriousness SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – background of offender – drug issues – appropriate matter for referral to Drug Court – prospects of rehabilitation Legislation Cited: Crimes Act 1900 ss.192J, 193B Crimes (Sentencing Procedure) Act 1999 ss. 5, 21A(2)(n), 21A(3)(k), 21A(3)(i), 21A(3)(h), 22, 53A Drug Court Act 1998 s.5A Drug Misuse and Trafficking Act 1985 s.25A Cases Cited: R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina (Crown) Milan Banic (Offender) Representation: Counsel: Mr L Brasch (Offender)