CITATION: REGINA v. PEJOVSKI [2001] NSWCCA 182 FILE NUMBER(S): CCA No. 60811 of 2000 HEARING DATE(S): Friday 11 May 2001 JUDGMENT DATE:
11 May 2001PARTIES :
REGINA v.
PEJOVSKI, CaneJUDGMENT OF: Hodgson JA at 28; Greg James J at 1; Adams J at 29
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 98/11/0308 LOWER COURT JUDICIAL
OFFICER :Luland, DCJ.
COUNSEL : Crown: D.G. Staehli
App: S.J. Odgers, SC.SOLICITORS: Crown: Commonwealth Director of Public Prosecutions
App: Warren F. Ball & Co.CATCHWORDS: Criminal law - appeal against sentence - drug offence - prior good character - same sentence as passed on co-offenders - asserted entitlement to disparity because of difference in previous character - previous good character particularly relevant to prospects of rehabilitation - particular impact on non-parole period - appeal upheld but only to reduce non-parole period. LEGISLATION CITED: Customs Act 1901
Crimes Act 1914 (Cth)CASES CITED: Wong & Leung (1999) 108 A. Crim. R. 531
Ryan [2001] HCA 21DECISION: Leave to appeal granted; appeal upheld in relation to the specification of the non-parole period. The non-parole period is now specified as a period of three and a half years commencing 14 July 2000 and expiring 13 January 2004.
IN THE COURT OF
CRIMINAL APPEAL
No. 60811 of 2000
CORAM: HODGSON, JA.
- GREG JAMES, J.
ADAMS, J.
FRIDAY 11 MAY 2001
REGINA v. CANE PEJOVSKI
JUDGMENT
1 GREG JAMES, J: The applicant for leave to appeal against sentence was convicted, following his trial in the District Court of New South Wales, on one count of attempting to obtain possession of prohibited imports, an offence under the Customs Act 1901, s.233B(1)(c). He was sentenced to six years imprisonment with a non-parole period of four years, the sentence and non-parole period to date from 14 July 2000.
2 The short circumstances of the offence were recited by the learned sentencing judge in his remarks on sentence. The applicant had attempted to obtain possession of a prohibited drug, namely methylene dioxymethamphetamine, commonly known as ecstasy, in an amount not less than the trafficable quantity. This drug had been imported into Australia in contravention of the Customs Act 1901. The maximum penalty for the offence is 25 years imprisonment.
3 On 7 December 1997 customs officers detected the drugs, which had a relevant pure weight of 214.4 grams, in a package addressed to Beck Architectural Company, 73 Vaumans Road, Peakhurst. The package had been sent by a person named Vlado in Belgium.
4 There was no such road in Peakhurst. A person phoned Australia Post from Belgium, asking about the package, and was told that it had been incorrectly addressed.
5 Later, a phone call was made to Australia Post, saying that the correct address was 73 Baumans Road, Peakhurst. That was the prisoner's address. He was, at the time, engaged in the process of doing extensive renovations to his home.
6 A controlled delivery was attempted by Australian Federal Police. The prisoner was not in…
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- AGLC
- Regina v Pejovski [2001] NSWCCA 182
- Case
- [2001] NSWCCA 182
- Decision Date
CaseChat Overview and Summary
The court acknowledged that while the defendant's prior good character was relevant to his prospects of rehabilitation, it did not necessarily justify a significantly different sentence from that of his co-offenders. However, the court recognised that the defendant's good character could have a particular impact on the non-parole period. The court held that the trial judge had erred in not adequately considering the defendant's previous good character when determining the non-parole period. The court concluded that the appeal should be upheld, and the sentence should be reduced to reflect the defendant's prior good character.
The High Court upheld the defendant's appeal, reducing the non-parole period to reflect his prior good character. The court emphasised that while the defendant's good character was a relevant factor, it did not warrant a significant disparity in sentence from that of his co-offenders. The court's decision highlighted the importance of considering the individual circumstances of each offender, including their previous good character, when determining an appropriate sentence. The final orders of the court reduced the non-parole period for the defendant, reflecting his prior good character and prospects of rehabilitation.
Orders
Orders of the court
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Background
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Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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