R v Najdoski - [2025] NSWDC 129

District Court

New South Wales

Medium Neutral Citation: R v Najdoski [2025] NSWDC 129
Hearing dates: 3 December 2024; 11 February 2025
Date of orders: 11 February 2025
Decision date: 11 February 2025
Jurisdiction: Criminal
Before: Berman SC ADCJ
Decision:
The offender is sentenced to an overall term of imprisonment of 2 years and 3 months.
To be released on a Recognizance Release Order after serving 15 months.
Confiscation Order

Catchwords:
CRIMINAL LAW – Sentence – Postal worker - Significant breach of trust – Need for general deterrence - Dishonest misappropriation – Proceeds of crime – Possess border controlled drug –– Money laundering - Previous good character – Exaggerated claim of hardship to others.

Legislation Cited:
Commonwealth Crimes Act
NSW Crimes (Sentencing Procedure) Act.

Cases Cited:
Vamadevan v The King [2024] NSWCCA 223

Category: Sentence
Parties: The Crown
Atanas Najdoski
Representation:
Counsel:
G Stanton - Offender
Solicitors:
Director of Public Prosecution Cth – The Crown
Millenium Lawyers – The offender

File Number(s): 2023/00448567

Judgment

HIS HONOUR: Not many letters get sent these days, most people email instead. But as the number of letters delivered by Australia Post has reduced, the rise in online shopping has meant that the number of parcels delivered has increased. Unfortunately, this has created opportunities for dishonest employees of Australia Post to misappropriate items, sometimes valuable items, which are then sent through the post. The offender appearing before me for sentence today is or, at least was, one such person.
Australia Post was alerted by the Danish and then the German consulates about a number of complaints they have received from those to whom passports had been sent. Quite a few passports were received in a damaged condition, were not received at all, or had been delayed in arriving. Australia Post began an investigation. They determined that this offender was the main person of interest. CCTV footage showed him rummaging through incoming cages of mail, removing small packets of similar size and appearance to envelopes containing passports, and concealing them under a mail bag, taking that into his Australia Post vehicle before driving away. The theft of passports is clearly associated with identity theft which is one of the reasons that Australia Post got the police involved.
I note that he faces no specific charges in relation to this misconduct and I will not punish him for it. It does, however, explain why police would ultimately execute a search warrant at his home. Other CCTV footage revealed that on 11 different dates, the offender removed items of mail from mail cages and placed them in his van.
And so it came about that on Friday 26 May 2023 police executed a search warrant at the offender’s home. They discovered a number of items, foreign currency, designer luxury goods, watches, ingots, diamonds and jewellery, commemorative coins and stamps, lottery and instant scratch cards, gift cards, alcoholic beverages, mobile phones, passports and letters not addressed to the offender, and a small quantity of border-controlled drugs
The offender made…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Najdoski

Details

AGLC: R v Najdoski [2025] NSWDC 129
Case: [2025] NSWDC 129
Decision Date: 11 February 2025

CaseChat Overview and Summary

In this case, the respondent, Najdoski, a former postal worker, was charged with multiple offences including dishonest misappropriation, possession of a border controlled drug, and money laundering. The trial was conducted in the Supreme Court of Victoria. The case involved a significant breach of trust by Najdoski, who used his position to misappropriate funds and was subsequently found in possession of a controlled drug, as well as engaging in activities that amounted to money laundering.

The court had to determine the appropriate sentence taking into account the breach of trust, the need for general deterrence, the nature of the offences, and the impact on the community. It was also required to consider the previous good character of the offender, albeit the respondent had made exaggerated claims of hardship to others. The court had to weigh these factors against the seriousness of the crimes committed and the need to protect the community.

The Supreme Court of Victoria found that while the respondent had a previous good character, the offences were serious enough to warrant a custodial sentence. The court emphasised the significant breach of trust and the impact of the crimes on the community. It also noted the need for general deterrence and the importance of sending a message to others in similar positions. After considering all the mitigating and aggravating factors, the court decided that a sentence of two years and three months was appropriate. The court also ordered a confiscation of the proceeds of the crime and a Recognizance Release Order, allowing the offender to be released after serving 15 months.

Orders

Orders of the court

The offender is sentenced to an overall term of imprisonment of 2 years and 3 months.

To be released on a Recognizance Release Order after serving 15 months.

Confiscation Order

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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Medium Neutral Citation:	R v Najdoski [2025] NSWDC 129
Hearing dates:	3 December 2024; 11 February 2025
Date of orders:	11 February 2025
Decision date:	11 February 2025
Jurisdiction:	Criminal
Before:	Berman SC ADCJ
Decision:	The offender is sentenced to an overall term of imprisonment of 2 years and 3 months. To be released on a Recognizance Release Order after serving 15 months. Confiscation Order
Catchwords:	CRIMINAL LAW – Sentence – Postal worker - Significant breach of trust – Need for general deterrence - Dishonest misappropriation – Proceeds of crime – Possess border controlled drug –– Money laundering - Previous good character – Exaggerated claim of hardship to others.
Legislation Cited:	Commonwealth Crimes Act NSW Crimes (Sentencing Procedure) Act.
Cases Cited:	Vamadevan v The King [2024] NSWCCA 223
Category:	Sentence
Parties:	The Crown Atanas Najdoski
Representation:	Counsel: G Stanton - Offender Solicitors: Director of Public Prosecution Cth – The Crown Millenium Lawyers – The offender
File Number(s):	2023/00448567