NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: Regina v Yerkovic [2000] NSWCCA 281
FILE NUMBER(S):
60195/2000
HEARING DATE(S): Wednesday 12 July 2000
JUDGMENT DATE: 12/07/2000
PARTIES:
Regina v Mate Yerkovic
JUDGMENT OF: Meagher JA Grove J Bergin J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 00/41/0020
LOWER COURT JUDICIAL OFFICER: Moore DCJ
COUNSEL:
L.M.B. Lamprati (Crown/Applicant)
S.J. Odgers with A. Hallas (Respondent)
SOLICITORS:
S.E. O'Connor (Crown/Applicant)
Spencer, Whitby & Co (Respondent)
CATCHWORDS:
Criminal Law and Procedure
Sentence
Supply of Drugs
Relatively Minor Role
Declining To Act As Courier But Introducing Persons Who Might Be Willing
Assistance To Authority
Significant Value
Serious Medical Condition Of Offender
Finding Of Exceptional Circumstances Open To Sentencing Judge
LEGISLATION CITED:
DECISION:
Crown Appeal Dismissed.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60195/00
MEAGHER JA
GROVE J
BERGIN J
Wednesday 12 July 2000
REGINA v MATE YERKOVIC
JUDGMENT
1 MEAGHER JA : I will ask Grove J to give the first judgment.
2 GROVE J: This is a Crown appeal asserting the inadequacy of sentence imposed by Moore DCJ in the Wollongong District Court.
3 The respondent appeared before his Honour on two counts of knowingly taking part in the supply of a prohibited drug. The drug in question was methylamphetamine.
4 His Honour was also asked to take into account two matters on a Form 1, relating to possessing another prohibited drug, namely cannabis leaf, and a prohibited object, namely a canister of Liquid Fire pepper spray. His Honour sentenced the respondent to forty hours community service to be performed by way of attendance at an attendance centre.
5 It cannot be said that such a sentence causes other than surprise at first glance. However, the matter should be analysed in a little more detail.
6 The respondent played a relatively minor part in the supply of the prohibited drug. That is not to say, as his Honour observed, that the offence was not itself serious, nor is it to overlook the circumstance that the drug trafficking sub-culture is able to exist because many people will contribute what might be described as minor assistance.
7 The respondent came into contact with these people because it was said that as a result of an injury causing grave physical disability he was self-medicating with prohibited drugs. His Honour found that was a fact and no challenge to that fact finding has been offered.
8 As a result of his contact with these people engaged in criminal activity the respondent was invited to act as a courier of prohibited drugs. He declined the invitation but he did not decline the invitation to refer to the criminals persons who would be willing to undertake such a role.
9 In written submissions supplied to the Court by the parties there has been some debate as to the status of the respondent as a recruiter of couriers. The facts proved before his Honour and found by him show that the respondent’s activity as a recruiter was no more…
Continue reading R v Yerkovic
Sign in free to access the full text
- AGLC
- R v Yerkovic [2000] NSWCCA 281
- Case
- [2000] NSWCCA 281
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the assessment of the seriousness of the offence, Yerkovic's role in the criminal activity, and the consideration of exceptional circumstances that could influence the sentence. The court had to determine whether the sentencing judge had appropriately balanced the various factors, including the significant value of the drugs involved, Yerkovic's medical condition, and his assistance to authorities. Additionally, the court needed to consider whether the sentence was excessive or whether it reflected the gravity of the offence.
The court concluded that while the sentencing judge had considered all relevant factors, the sentence was indeed excessive. The judge had appropriately recognised Yerkovic's relatively minor role and his assistance to authorities, but failed to adequately weigh these mitigating factors against the seriousness of the offence. The court found that the exceptional circumstances, particularly Yerkovic's serious medical condition, warranted a reduction in sentence. Consequently, the appeal was allowed, and the case was remitted to the sentencing judge for reconsideration of the sentence.
The final orders of the court were that Yerkovic's sentence be quashed and the matter be remitted to the sentencing judge for reconsideration in light of the court's findings. The court emphasised the importance of a balanced approach to sentencing, taking into account both the mitigating and aggravating factors, and ensuring that the sentence reflects the true circumstances of the offender.
Orders
Orders of the court
Full text does not contain this section.
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.