R v Stefanovic - [2019] NSWDC 324

District Court

New South Wales

Medium Neutral Citation: R v Stefanovic [2019] NSWDC 324
Hearing dates: 2 May 2019; 27 June 2019
Date of orders: 27 June 2019
Decision date: 27 June 2019
Jurisdiction: Criminal
Before: Weinstein SC DCJ
Decision:
The offender is convicted of the following offences:

(1) Supply of 0.9 g of cocaine, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985.

(2) Supply of 28.21 g of cocaine, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985.

Taking into account all the matters on the Form 1, the offender is sentenced to a term of imprisonment of 18 months.

Pursuant to s7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed is to be served by way of an Intensive Correction Order.

The sentence will commence today, 27 June 2019, and will expire on 27 December 2020.

The offender must report to the Burwood Community Corrections Office as soon as practicable, but no later than 7 days from 27 June 2019. This means that the offender must report to the Burwood Community Corrections Office by 4 July 2019.

The standard conditions of the order apply, namely:

(1) The offender must not commit any offence; and

(2) The offender must submit to supervision by a Community Corrections Officer.

The following additional conditions apply:

(1) A rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment for twelve months. The treatment program that Mr Stefanovic is currently receiving with Mr Milton complies with this condition. If Mr Stefanovic is unable to continue to attend upon Mr Milton, he is to attend such other program as he may be reasonably required to attend by Community Services.

(2) An abstention condition requiring abstention from drugs, other than those prescribed by a medical practitioner.

I order the offender to undertake community service work of 150 hours.

I dismiss the charges contained in the s166 Certificate.

I make a forfeiture order with respect to the $8645 that was seized on the offender’s arrest on 11 August 2018.

All drugs that were taken by police from the offender on 11 August 2018 are to be destroyed.

If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or the State Parole Authority. Those sanctions may include a formal warning, the imposing of more stringent conditions or may include revocation of this order.

If the order is revoked, the offender may be required to serve all or some of the period of his sentence in full-time custody.
The offender is now directed to attend the court registry where a copy of this order will be explained and given to him.
Catchwords: SENTENCING – Supply of Cocaine – Intensive Correction Order
Legislation Cited: Crimes Act 1900, s193C(2)
Criminal Procedure Act 1986 (NSW), s167
Criminal Records Act 1991
Crimes (Sentencing Procedure) Act 1999 (NSW), ss3A, 5, 10, 21A, 24, 33, 47,…

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 Stefanovic

Details

AGLC: R v Stefanovic [2019] NSWDC 324
Case: [2019] NSWDC 324
Decision Date: 27 June 2019

CaseChat Overview and Summary

In the matter of R v Stefanovic, the defendant faced charges for the supply of cocaine, specifically 0.9 g and 28.21 g, in contravention of section 25(1) of the Drug Misuse and Trafficking Act 1985. The case was heard and determined by a court, which imposed a sentence and outlined the conditions of an Intensive Correction Order. The primary objective of the court was to address the defendant’s criminal conduct while considering appropriate punitive and rehabilitative measures.

The court was tasked with determining the appropriate sentence for the defendant's drug supply offences, balancing the need for punishment with the potential for rehabilitation. Given the nature of the offences and the defendant’s background, the court considered various sentencing options, including imprisonment and community-based orders. The court also had to decide on the conditions of any community-based sentence to ensure it would adequately address the defendant's offending behaviour and reduce the likelihood of reoffending.

In delivering its judgment, the court found the defendant guilty of the drug supply charges. It sentenced the defendant to a term of imprisonment of 18 months but determined that this sentence should be served via an Intensive Correction Order. The court emphasised the importance of rehabilitation and ordered the defendant to participate in a rehabilitation program for twelve months. Additionally, the court imposed specific conditions, including abstaining from drugs, undertaking community service, and reporting to the Burwood Community Corrections Office within seven days. The court also made a forfeiture order in relation to the seized money and directed the destruction of the drugs seized from the defendant.

The final orders include the defendant’s conviction on the drug supply charges, a sentence to be served as an Intensive Correction Order with specified conditions, and additional directives such as forfeiture and destruction of seized items. The court emphasised that failure to comply with the conditions of the order could result in the revocation of the order and the requirement to serve the full-time custodial sentence.

Orders

Orders of the court

The offender is convicted of the following offences:

(1) Supply of 0.9 g of cocaine, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985.

(2) Supply of 28.21 g of cocaine, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985.

Taking into account all the matters on the Form 1, the offender is sentenced to a term of imprisonment of 18 months.

Pursuant to s7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed is to be served by way of an Intensive Correction Order.

The sentence will commence today, 27 June 2019, and will expire on 27 December 2020.

The offender must report to the Burwood Community Corrections Office as soon as practicable, but no later than 7 days from 27 June 2019. This means that the offender must report to the Burwood Community Corrections Office by 4 July 2019.

The standard conditions of the order apply, namely:

(1) The offender must not commit any offence; and

(2) The offender must submit to supervision by a Community Corrections Officer.

The following additional conditions apply:

(1) A rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment for twelve months. The treatment program that Mr Stefanovic is currently receiving with Mr Milton complies with this condition. If Mr Stefanovic is unable to continue to attend upon Mr Milton, he is to attend such other program as he may be reasonably required to attend by Community Services.

(2) An abstention condition requiring abstention from drugs, other than those prescribed by a medical practitioner.

I order the offender to undertake community service work of 150 hours.

I dismiss the charges contained in the s166 Certificate.

I make a forfeiture order with respect to the $8645 that was seized on the offender’s arrest on 11 August 2018.

All drugs that were taken by police from the offender on 11 August 2018 are to be destroyed.

If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or the State Parole Authority. Those sanctions may include a formal warning, the imposing of more stringent conditions or may include revocation of this order.

If the order is revoked, the offender may be required to serve all or some of the period of his sentence in full-time custody.

The offender is now directed to attend the court registry where a copy of this order will be explained and given to him.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Stefanovic [2019] NSWDC 324
Hearing dates:	2 May 2019; 27 June 2019
Date of orders:	27 June 2019
Decision date:	27 June 2019
Jurisdiction:	Criminal
Before:	Weinstein SC DCJ
Decision:	The offender is convicted of the following offences: (1) Supply of 0.9 g of cocaine, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985. (2) Supply of 28.21 g of cocaine, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985. Taking into account all the matters on the Form 1, the offender is sentenced to a term of imprisonment of 18 months. Pursuant to s7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed is to be served by way of an Intensive Correction Order. The sentence will commence today, 27 June 2019, and will expire on 27 December 2020. The offender must report to the Burwood Community Corrections Office as soon as practicable, but no later than 7 days from 27 June 2019. This means that the offender must report to the Burwood Community Corrections Office by 4 July 2019. The standard conditions of the order apply, namely: (1) The offender must not commit any offence; and (2) The offender must submit to supervision by a Community Corrections Officer. The following additional conditions apply: (1) A rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment for twelve months. The treatment program that Mr Stefanovic is currently receiving with Mr Milton complies with this condition. If Mr Stefanovic is unable to continue to attend upon Mr Milton, he is to attend such other program as he may be reasonably required to attend by Community Services. (2) An abstention condition requiring abstention from drugs, other than those prescribed by a medical practitioner. I order the offender to undertake community service work of 150 hours. I dismiss the charges contained in the s166 Certificate. I make a forfeiture order with respect to the $8645 that was seized on the offender’s arrest on 11 August 2018. All drugs that were taken by police from the offender on 11 August 2018 are to be destroyed. If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or the State Parole Authority. Those sanctions may include a formal warning, the imposing of more stringent conditions or may include revocation of this order. If the order is revoked, the offender may be required to serve all or some of the period of his sentence in full-time custody. The offender is now directed to attend the court registry where a copy of this order will be explained and given to him.
Catchwords:	SENTENCING – Supply of Cocaine – Intensive Correction Order
Legislation Cited:	Crimes Act 1900, s193C(2) Criminal Procedure Act 1986 (NSW), s167 Criminal Records Act 1991 Crimes (Sentencing Procedure) Act 1999 (NSW), ss3A, 5, 10, 21A, 24, 33, 47,…