Courtney v Narjic

Case [2021] NTSC 61


CITATION:  Courtney v Narjic [2021] NTSC 61

PARTIES:  COURTNEY, Vicky

v

NARJIC, Dennis

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION:  APPEAL from LOCAL COURT exercising Territory jurisdiction

FILE NO:  LCA 42 of 2020 (22011108)

DELIVERED ON:  23 August 2021

HEARING DATE:  15 February 2021

JUDGMENT OF:  Grant CJ

CATCHWORDS:

CRIME – Appeal and review – Appeal from Local Court to Supreme Court – By prosecutor on a question of law and fact

Sentencing court misdirected itself in law in finding ‘exceptional circumstances’ – Appeal allowed.

Sentencing Act 1995 (NT), s 78DI

Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126, Bara v The Queen [2016] NTCCA 5, Clarke v The Queen [2019] NTCCA 2, CMB v Attorney-General for New South Wales (2015) 256 CLR 346, Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, Emitja v The Queen [2016] NTCCA 4, Fardon v Attorney-General (Qld) (2004) 223 CLR 575, Green v The Queen; Quinn v The Queen (2011) 244 CLR 462, Norris v The Queen [2020] NTCCA 8, R v Wilson (2011) 30 NTLR 51, The Queen v Calica [2021] NTSCFC 2, Whitlock v The Queen [2018] NTCCA 7, The Queen v Duncan (2015) 34 NTLR 201, referred to.

CRIME – Appeals – Appeal against sentence – By Crown against inadequacy

Sentence not so manifestly wrong that it requires appellate intervention on the ground of inadequacy – Appeal dismissed.

R v BJW (2000) 112 A Crim R 1, referred to.

REPRESENTATION:

Counsel:
          Appellant:  I Rowbottam
          Respondent:  J Razi

Solicitors:

Appellant:Office of the Director of Public Prosecutions

Respondent:  North Australian Aboriginal Justice Agency

Judgment category classification:          B
Judgment ID Number:  GRA2112
Number of pages:  12

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Courtney v Narjic [2021] NTSC 61

LCA 42 of 2020 (22011108)

BETWEEN:

VICKY COURTNEY
               Appellant

AND:

DENNIS NARJIC
               Respondent

CORAM:    GRANT CJ

REASONS FOR JUDGMENT

(Delivered 23 August 2021)

  1. On 11 February 2020, the respondent was convicted in the Local Court of two aggravated assaults which had been committed on 26 May 2019, shortly after his 18th birthday.  The victim of one of those assaults was his girlfriend, then aged 15.  That assault was aggravated by the circumstances that the victim suffered harm, the victim was a female and the offender was a male, the victim was defenceless at the time, and during the course of the assault the respondent threatened the victim with an offensive weapon.  The other assault involved a different victim, but similar circumstances of aggravation. 

  2. At that same time, the respondent was also convicted of the offences of going armed in public, going armed with an offensive weapon, alarming a person in a dwelling house and damaging property, all of which had also been committed on 26 May 2019.  Despite the seriousness of that offending, and no doubt in recognition of his youth and the fact that these…

Continue reading Courtney v Narjic

Sign in free to access the full text

Details
AGLC
Courtney v Narjic [2021] NTSC 61
Case
[2021] NTSC 61
Decision Date

CaseChat Overview and Summary

In the case of Courtney v Narjic, the appellant, the Director of Public Prosecutions, appealed against the sentence imposed by the Local Court on the respondent, Dennis Narjic. Narjic had been convicted of aggravated assault, among other offences, and was sentenced to a suspended term of imprisonment. The appeal challenged both the finding of 'exceptional circumstances' and the adequacy of the sentence. The Supreme Court of the Northern Territory was tasked with determining whether the Local Court had erred in its assessment of 'exceptional circumstances' and whether the sentence was manifestly inadequate.

The court examined the concept of 'exceptional circumstances' as defined in the Sentencing Act 1995 (NT). It noted that such circumstances must be out of the ordinary, unusual, or special, and not routinely encountered. The court found that the Local Court had erred by considering the respondent's age, compliance with bail, and potential for rehabilitation as 'exceptional circumstances'. These factors, while mitigating, were common in sentencing contexts and did not constitute exceptional circumstances as required by the legislation. Consequently, the court held that the Local Court misdirected itself in law.

Regarding the adequacy of the sentence, the court acknowledged that a custodial sentence might have been warranted given the seriousness of the offences. However, the sentence imposed was not so manifestly inadequate as to require appellate intervention. The court considered various mitigating factors, such as the respondent's age and limited criminal history, and the potential for rehabilitation. While these factors did not justify the finding of exceptional circumstances, they could support a suspended sentence. The court also noted the respondent's subsequent offending, which undermined any argument for dismissing the appeal on the basis of rehabilitation progress.

The Supreme Court allowed the appeal on the ground of the misapplication of 'exceptional circumstances' but dismissed the appeal regarding the sentence's inadequacy. It set aside the Local Court's orders and resentenced the respondent to imprisonment for three months, backdated to the date of his recent arrest.

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.