R v Kovacev

[2020] NSWDC 903

District Court

New South Wales

Medium Neutral Citation:

R v Kovacev [2020] NSWDC 903

Hearing dates:

12 March 2020

Date of orders:

12 March 2020

Decision date:

12 March 2020

Jurisdiction:

Criminal

Before:

M L Williams SC DCJ

Decision:

An aggregate term of imprisonment of 18 months with a non-parole period of 10 months: at [15].

Catchwords:

SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation — Remorse

SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — General principles — Multiple offences — Objective seriousness — Purposes of sentencing

SENTENCING — Subjective considerations on sentence — Drug addiction — Mental illness — Special circumstances

Legislation Cited:

Drug Misuse and Trafficking Act1985

Cases Cited:

Barbieri v R [2016] NSWCCA 295

Texts Cited:

Nil

Category:

Sentence

Parties:

Regina (Crown)

Michael Kovacev (Offender)

Representation:

Mr S Flint (Solicitor for the Office of the Director of Public Prosecutions)

Ms S Climo (Counsel for the Offender)

File Number(s):

2019/133372

Judgment

1. Michael Kovacev, who is now 58 years of age, pleads guilty to two offences

1. Sequence 1 - Supply 0.59 grams of heroin contrary to s 25(1) of the Drug Misuse and Trafficking Act1985 which carries a maximum penalty of 15 years imprisonment with no standard non-parole period.

2. Sequence 6 - Supply prohibited drugs on an ongoing basis involving a total of 1.07 grams of heroin over six occasions contrary to s 25A of the Drug Misuse and Trafficking Act1985. The offence carries a maximum penalty of 20 years imprisonment with no standard non-parole period.

2. The offender pleaded guilty at an early stage justifying a 25% discount for the utilitarian value of the pleas.

3. There is no dispute between the very helpful written submissions prepared by the Crown and Ms Climo on behalf of the offender as to the objective seriousness of the offending and as to the other matters relevant to the purposes of sentencing.

4. n short, the facts show that in December 2018 a police investigation relating to the ongoing supply of prohibited drugs in the Surry Hills and Sydney CBD commenced. On 12 December the offender was seen providing .59 grams of heroin to a female, which is the subject of the first sequence. The ongoing supply count relate to a number of supplies between 17 January 2019 and 31 January 2019, in which the offender supplied various customers with small amounts of heroin making the total to which I have referred.

5. On his arrest on 29 April 2019 he candidly admitted being involved in the supply of heroin. He gave police the details as to how he conducted the operation. He said he was using more than he was earning and he would make $10 for each small deal of heroin and $20 for a big deal. He said he was a heroin addict and he knows what it is like to hang out, and he used his modest profits to purchase heroin and contribute towards paying back a debt of over $4000.

6. He…