SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v CETOJEVIC & CETOJEVIC
Judgment of The Court of Criminal Appeal
(The Honourable Justice Perry, The Honourable Justice Duggan and The Honourable Justice Sulan)
22 July 2005
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - GENERAL PRINCIPLES
Appeals against sentence - appellant Petar Cetojevic pleaded guilty in the District Court to possessing cannabis for sale, possessing 4-Methoxy-A-Methylphenethylamine or PMA for sale and unlawful possession - appellant Nenad Cetojevic pleaded guilty in the District Court to possessing cannabis for sale, possessing methylamphetamine for sale and unlawful possession - appellant Petar Cetojevic sentenced to five years imprisonment with two years and six months non-parole - appellant Nenad Cetojevic sentenced to four years imprisonment with two years and one month non-parole - whether the sentences were manifestly excessive - whether the sentences were outside the established range of sentences for offences involving possession of middle range drugs for sale - discussion of classification of methylamphetamine and PMA as middle range drugs - whether the sentencing judge erred in placing greater weight on the quantity of the drugs rather than the indicia of sale indicating an ongoing commercial element to the offences - appeal allowed.
Criminal Law (Sentencing) Act 1988 s 18A, referred to.
R v Becker [2005] SASC 186; R v Mangelsdorf (1995) 66 SASR 60; R v Plaister & Graham [2001] SASC 383; R v Sladic [2005] SASC 210, considered.
R v CETOJEVIC & CETOJEVIC
[2005] SASC 273Court of Criminal Appeal: Perry, Duggan and Sulan JJ
PERRY J: I agree with the orders proposed by Sulan J and with his reasons.
DUGGAN J: I agree that the appeals against sentence should be allowed, and that the sentences proposed by Sulan J should be substituted. I agree with the reasons prepared by Sulan J.
SULAN J: This is an appeal against sentence by two brothers, Petar Cetojevic and Nenad Cetojevic.
Petar Cetojevic pleaded guilty to one count each of possessing cannabis for sale, possessing 4-Methoxy-A-Methylphenethylamine or PMA for sale, and unlawful possession. Nenad Cetojevic pleaded guilty to one count each of possessing methylamphetamine for sale, possessing cannabis for sale and unlawful possession.
Petar Cetojevic was sentenced in the District Court to five years imprisonment with a non-parole period of two years and six months. Nenad Cetojevic received a sentence of four years and two months imprisonment with a non-parole period of two years and one month.
The appellants each complain that the sentences are manifestly excessive and that the periods of imprisonment ought to have been suspended.
Background
On 7 February 2003 Petar Cetojevic was approached by police in his car. Police found four plastic seal press bags containing cannabis on the seat of his car. Three of the bags contained between 2.8 g and 3 g of cannabis, and one bag contained 6.6 g of cannabis. Also found in…
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- AGLC
- R v Cetojevic [2005] SASC 273
- Case
- [2005] SASC 273
- Decision Date
CaseChat Overview and Summary
The court noted that the offences involved an ongoing commercial enterprise, which generally warrants an immediate custodial sentence. However, it recognised the hardship such sentences cause to the offender and their family. The court found that while the offending was serious, good reason had not been demonstrated to suspend the sentences. The court allowed the appeals and substituted the sentences. Petar Cetojevic's sentence was reduced to three years with a non-parole period of eighteen months, and Nenad Cetojevic's sentence was reduced to three years and six months with a non-parole period of twenty-one months.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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