Delovski v The Queen

The case of Delovski v The Queen involved an individual who was convicted and sentenced to nine years' imprisonment for possession of heroin with intent to sell or supply. The heroin, which weighed 524 grams and was 25% pure, was to be taken over from the applicant's brother, who was the organiser of the transaction and received a sentence of 9.5 years. The applicant pleaded guilty and, being a non-citizen, faced deportation upon his release on parole. The primary legal issue was whether the sentence appropriately reflected the respective roles of the applicant and his brother in the criminal activity.

The court examined the respective roles of the applicant and his brother in the drug trafficking operation. The applicant accepted the role of taking over the implementation of the transaction, demonstrating a level of participation and responsibility. However, his brother, as the organiser, had a more significant role in the operation. The court considered the principles of sentencing in relation to the roles and responsibilities of the parties involved in criminal activity. The court concluded that the sentence imposed was appropriate given the applicant's level of involvement and the nature of the offence. The appeal was dismissed, and the application for leave to appeal was granted, allowing the matter to proceed to a higher court for further consideration.