R v Donevski

[2023] NSWDC 603

District Court

New South Wales

Medium Neutral Citation:

R v Donevski [2023] NSWDC 603

Hearing dates:

25/9/23-27/9/23, 7/12/23, 13/12/23

Date of orders:

13/12/23

Decision date:

13 December 2023

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

I impose a head sentence of three years imprisonment. I impose a non‑parole period of one year, ten months. Each of those will date from 26 September 2023 so as to take into account pre-sentence custody. The head sentence, therefore, will expire on 25 September 2026. The non‑parole period will expire on 25 July 2025.

Catchwords:

Crime – Sentence – Supply large commercial quantity of GBL

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bott v R [2023] NSWCCA 255

Bugmy v The Queen (2013) 249 CLR 571

Green v The Queen (2011) 244 CLR 462

R v Alfar (Unreported) 7 August 2023

R v Millwood [2012] NSWCCA 2

Category:

Sentence

Parties:

NSW DPP – Crown
Jim Donevski - Offender

Representation:

Ms K Hogan for Crown
Mr R McCaw for Offender

File Number(s):

22/76856

remarks on sentence

1. Mr Jim Donevski stood trial before a jury and myself in September 2023, and on 27 September 2023 was found guilty by the jury of an offence of supplying a prohibited drug being not less than the large commercial quantity. The maximum penalty for that offence is life imprisonment and a standard non-parole period is specified, namely, 15 years. Those are important guideposts in the sentencing exercise to which I have had regard.

FACTS

2. The facts on which the offender is to be sentenced are to be determined by the Court, but must be consistent with the verdict of the jury. Matters of aggravation must be proved beyond reasonable doubt, while matters in mitigation only need to be proved on the balance of probabilities.

3. The Crown included as part of its sentence materials a copy of the Crown Case Statement. Counsel for the offender accepted that this represents an accurate overview of the relevant evidence admitted at trial.

4. I find the following facts:

5. The relevant events occurred on 27 November 2021. On that day police were conducting surveillance in connection with an ongoing investigation into the supply of prohibited drugs by a Mr Sami Dario. That investigation had commenced some weeks earlier and included the use of electronic surveillance devices to monitor Dario’s activities.

6. At about 5.20pm on 27 November 2021 police were conducting physical surveillance in the Yagoona area which was aimed at monitoring the supply of drugs by Dario. At about 5.25pm police were monitoring surveillance devices that had been installed in an industrial warehouse in Rookwood Road, Yagoona. Police observed Dario to remove multiple items from boxes which he placed into black plastic bags. He was then seen to leave the warehouse carrying the black plastic bags and enter a Toyota Hilux vehicle before driving away from the warehouse. At about 5.30pm surveillance police saw Dario in the Hilux travelling in a southerly direction from the northern cul-de-sac and of Graf Avenue, Yagoona. The…