Dean Saddler v Tomislav Neven Pavicic

DEAN SADDLER v TOMISLAV NEVEN PAVICIC
[2011] ACTSC 199 (9 December 2011)

R v Clarke [1996] 2 VR 520

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 23 of 2011

Judge:           Burns J
Supreme Court of the ACT
Date:            9 December 2011

IN THE SUPREME COURT OF THE       )           
  )          No. SCA 23 of 2011
AUSTRALIAN CAPITAL TERRITORY    )
  )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:    DEAN SADDLER

Appellant

AND:

TOMISLAV NEVEN PAVICIC

Respondent

ORDER

Judge:  Burns J
Date:  9 December 2011 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeals are upheld. The convictions imposed by the learned Magistrate are confirmed.  

1. The sentences imposed by the learned Magistrate are set aside and the following sentences are substituted:

1.                  for charge CC 3948 of 2010 the respondent is sentenced to seven months imprisonment, the operation of which is suspended.  There will be a good behaviour order for 18 months commencing on 9 December 2011 with the following conditions:

(i)          that he accept the supervision of ACT Corrective Services and obey all reasonable directions of officers of that service; and

(ii)        that he undertake and complete such assessments, counselling and programs as directed by officers of ACT Corrective Services.

2.                  for charge CC 5811 of 2010 the respondent is sentenced to four months imprisonment, the operation of which is suspended.  There will be a good behaviour order for a period of 12 months commencing on 9 December 2011 which is confined to the core conditions only.

IN THE SUPREME COURT OF THE       )          
  )          No. SCA 23 of 2011
AUSTRALIAN CAPITAL TERRITORY    )
  )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: DEAN SADDLER

Appellant

AND: TOMISLAV NEVEN PAVICIC

Respondent

Judge:  Burns J
Date:  9 December 2011 
Place:  Canberra

REASONS FOR JUDGMENT

1. On 9 March 2011 the respondent, Tomislav Pavicic, appeared before Magistrate Lalor defending two charges in the following terms:

Charge 1(CC 2010/3948) That he, in the Australian Capital Territory, on 27 April, 2010, did assault Zora Pavicic and thereby occasioned to her actual bodily harm.

Charge 2(CC 2010/5811) That he, in the Australian Capital Territory, on 28 April, 2010, did assault Graeme Mason.

1. After a contested hearing, Magistrate Lalor found the accused guilty of each of the charges.  After imposing convictions, he imposed the following sentences:

Charge 1A fine of $1,000.00 with court costs of $63.00 and criminal injuries compensation levy of $50.00;

Charge 2A fine of $1,500.00 with court costs of $63.00 and criminal injuries compensation levy of $50.00.

1. The appellant, who was the informant in the proceedings before the learned Magistrate, now appeals against the sentences imposed by the learned Magistrate.  The grounds of the appeal are that:

   (a)The sentences imposed were manifestly inadequate.

   (b)His Honour erred in failing to give sufficient weight to deterrence and punishment in relation to the respondent.

   (c)His Honour erred in failing to give sufficient weight to the objective seriousness of the crimes.

   (d)His Honour erred in failing…