Frlanov v R [2018] NSWCCA 267

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Frlanov v R [2018] NSWCCA 267 Hearing dates: 21 November 2018 Decision date: 28 November 2018 Before: Macfarlan JA at [1]; Rothman J at [2]; R A Hulme J at [3] Decision: Leave to appeal against sentence refused Catchwords: CRIME – sentence appeal – drug supply and possess prohibited weapon – sentenced to 20 months with 11 months non-parole period – offender with schizophrenia and substance use disorder – lengthy criminal record – judge did not err by not taking into account bail conditions – judge did not erroneously take into account applicant's prior convictions as aggravating factor – judge properly applied 25 percent discount – sentence not manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) s 21a(2)(d) Drug Misuse and Trafficking Act 1985 (NSW) s 25(1) Weapons Prohibition Act 1998 (NSW) s 7(1) Cases Cited: Hoskins v R [2016] NSWCCA 157 R v Webb [2004] NSWCCA 330; 149 A Crim R 167 Category: Principal judgment Parties: Ilija Frlanov (Applicant) Regina (Respondent) Representation: Counsel: Applicant in person Ms England for the Crown

Solicitors: Solicitor for Public Prosecutions File Number(s): 2017/195174 Decision under appeal Court or tribunal: District Court Date of Decision: 21 June 2018 Before: Williams SC DCJ File Number(s): 2017/195174