Budnjo v Police

[2003] SASC 14

BUDNJO  v  POLICE
[2003] SASC 14

Magistrates Appeal

1. Gray J                   This is an appeal against sentence.

2. Amir Budnjo the appellant was charged with driving a motor vehicle without first obtaining the consent of the owner[1].  On 1 October 2002 he pleaded guilty.  During negotiations with the police the appellant came to an arrangement whereby he would pay $1,030 reparation.  As a result a second count of property damage was withdrawn for want of prosecution.[2] 

   [1] The complaint was in the following terms:

   [2]“On the 1st day of April, 2002 at Second Valley in the said State intending to damage the property of another or being recklessly indifferent as to whether such property was damaged, without lawful authority to damage such property and knowing tht no such lawful authority existed [Amir Budnjo] damaged one golf buggy and the golf course greens and bunker the property of the Wirringa Resort, such damage amounting to not more than $2,000.

   Section 85(3) of the Criminal Consolidation Act, 1935.

   This is a summary offence.”

3. The appellant and his school friends were staying at the Wirrina Cove Resort.  Some time during the late evening possibly at around midnight the appellant was involved in “a drunken prank which went horribly wrong”.  The appellant took a golf cart without permission and drove it around the resort’s golf course for 30 to 40 minutes.[3]  An identification card belonging to the appellant was located the following morning in a bunker. 

   [3] The resort’s golf carts had been secured at 6:00 pm however they still had their keys in the ignition.  The buggies were outside the appellant’s accommodation and could be seen through the window.

4. The appellant was interviewed and acknowledged his actions.  He was extremely embarrassed.  His behaviour was out of character and he regretted what occurred. He was 19 years of age.  He was a first offender.  He was a full time student and was casually employed at a local supermarket. 

5. The prosecutor made no submissions as to penalty.

6. The magistrate sentenced the appellant to two months imprisonment but suspended that sentence on the condition that the appellant enter into a bond for 18 months. The only term of the bond was that he be of good behaviour.  The magistrate also disqualified the appellant from holding or obtaining a driver’s licence for 12 months. The magistrate’s remarks included:

   “The defendant has no previous court appearances and this is the third occasion the matter has come before the court.  The compensation is agreed…

   The defendant’s submission, through [defence counsel] is to the effect that this was a drunken prank which went horribly wrong when the defendant was with friends.  He is a full time student at tafe involved in a marketing course and is employed by IGA supermarkets.  I note the submissions in detail.

   The defendant will be convicted of this offence.  I give a 20% credit for the fact that he has no previous court appearances. The defendant is convicted and sentenced to a period of two months imprisonment…