NSW Caselaw
Local Court New South Wales
Medium Neutral Citation: DPP v Radulovic [2019] NSWLC 1 Hearing dates: 15 January and 12 February 2019 Decision date: 12 February 2019 Jurisdiction: Criminal Before: Judge Graeme Henson AM, Chief Magistrate Decision: See [28]-[29] Catchwords: CRIME – Sentence – Assault Occasioning Actual Bodily Harm in Company – Possess Prohibited Drug – utilitarian value of guilty plea – previous criminal record - substance abuse – possible underlying mental health issues – no medical report - section 5 threshold crossed – Intensive Corrections Order not appropriate – sentence of full-time imprisonment imposed Legislation Cited: Children's (Criminal Proceedings) Act 1987 (NSW) s 15 Crimes Act 1900 (NSW) s 59(2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A(2), 47(3), 66 Drugs Misuse and Trafficking Act 1985 (NSW) s 10(1) Cases Cited: Imbornone v R [2017] NSWCCA 144 R v Borkowski [2009] NSWCCA 102 R v De Simoni (1981) 147 CLR 383 R v Doan (2000) 50 NSWLR 115 R v Pogson; R v Lapham; R v Martin (2012) 82 NSWLR 60 R v Pullen [2018] NSWCCA 264 Category: Sentence Parties: Director of Public Prosecutions (prosecutor) Dejan Danny Radulovic (defendant) Representation: Counsel:
Mr Chhabra (for the defendant)
Solicitors:
Mr Muller (for the prosecution) File Number(s): 2018/00053669 Publication restriction: Nil
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