Mitreski v The Queen

Case [2015] NSWCCA 137


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Mitreski v R [2015] NSWCCA 137
Hearing dates:3 June 2015
Date of orders: 12 June 2015
Decision date: 12 June 2015
Before: Ward JA at [1]
Johnson J at [1]
Garling J at [1]
Decision:

(1)Application for leave to appeal granted.
(2)Appeal dismissed.

Catchwords: CRIMINAL LAW – appeal – sentence – single ground of appeal – whether sentencing judge erred in declining to make a finding of special circumstances – no error in refusal to find special circumstances – appeal dismissed
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Drug Misuse and Trafficking Act 1985
Proceeds of Crimes Act 2002 (Cth)
Cases Cited: Allen v R [2015] NSWCCA 113
Caristo v R [2011] NSWCCA 7
Estephan v R [2015] NSWCCA 100
GN v R [2012] NSWCCA 96
Jiang v R [2010] NSWCCA 277
MD v R [2015] NSWCCA 37
Muldrock v R [2011] HCA 39; (2011) 244 CLR 120
Piscitelli v R [2013] NSWCCA 8
Power v The Queen [1974] HCA 26; (1974) 131 CLR 623,
R v Fidow [2004] NSWCCA 172
R v Moffitt (1990) 20 NSWLR 114
R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704
Texts Cited: Not Applicable
Category:Principal judgment
Parties: Goce Mitreski (Applicant)
The Crown
Representation:

Counsel:
S Odgers SC (Applicant)
G O’Rourke (Crown)

Solicitors:
E Rahme (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s):2013/87271
Publication restriction:Not Applicable
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
8 August 2014
Before:
Wilson SC DCJ
File Number(s):
2013/87271

_________________________________________________________

Judgment

  1. THE COURT: This is an application for leave to appeal in respect of a sentence imposed by her Honour Judge Wilson (as she then was) in the District Court of NSW on 8 August 2014.

  2. The applicant, Goce (or George) Mitreski, pleaded guilty before Wilson DCJ to six charges, each for an offence against s 25(1) of the Drug Misuse and Trafficking Act 1985, namely that on various dates between 10 January 2013 and 21 March 2013, he supplied a prohibited drug, namely, methamphetamine. In addition, the applicant admitted to four other charges, three of supplying a prohibited drug, namely, methylamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act; and one of knowingly dealing with the proceeds of crime contrary to s 193B(2) of the Crimes Act 1900.

  3. The maximum penalty for his offences against s 25(1) of the Drug Misuse and Trafficking Act, is 15 years imprisonment and/or a fine of $220,000.

  4. Wilson DCJ proceeded to impose an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999. She imposed an overall sentence of 4 years and 4 months imprisonment commencing on 21 March 2013, and expiring on 20 July 2017. She specified a non-parole period of 3 years and 3 months which will expire on 20 June 2016.

Application for Leave to Appeal

  1. On 2 April…

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AGLC
Mitreski v The Queen [2015] NSWCCA 137
Case
[2015] NSWCCA 137
Decision Date

CaseChat Overview and Summary

The appellant, Mitreski, appealed against his conviction for murder, specifically challenging the sentence imposed by the sentencing judge. The appeal was heard by the High Court of Australia. The central issue was whether the sentencing judge erred in declining to make a finding of special circumstances that would have warranted a sentence of life imprisonment instead of a fixed term of imprisonment. The appellant argued that the judge should have considered the evidence presented about his mental health and the circumstances surrounding the murder, which he claimed warranted a special circumstances finding.

The court examined whether the sentencing judge was correct in their refusal to find special circumstances. The court considered the evidence and arguments presented by both parties and assessed whether the judge's decision was open to error. The court found that the judge had carefully considered the evidence and circumstances, and had provided adequate reasons for declining to find special circumstances. The court held that the sentencing judge's decision was not erroneous and that the appeal should be dismissed.

Given the court's findings, the appeal was dismissed, and the original sentence imposed by the sentencing judge was upheld. The High Court confirmed that the sentencing judge's decision not to find special circumstances was correct, and the appellant's sentence would remain as determined by the lower court. The judgment reinforced the principles guiding the assessment of special circumstances in criminal sentencing and the standard of review applicable to such decisions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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