Director of Public Prosecutions v Ivanisevic (No 2)

The defendant, Ivanisevic, was prosecuted by the Director of Public Prosecutions on three separate charges of assault occasioning actual bodily harm, all under section 24 of the Crimes Act 1900 (ACT). The case was heard in the ACT Magistrates Court where the defendant faced conviction and sentencing for these offences, which involved family violence. The defendant had a significant criminal history, including previous family violence offences, which played a crucial role in the sentencing deliberations.

The legal issues before the court encompassed the determination of the appropriate sentence for each count of assault occasioning actual bodily harm, considering the high and mid-range objective seriousness of the offences. The court had to balance the defendant’s criminal history and the level of remorse shown, which was described as nascent, against the need for deterrence and protection of the community. The court also needed to consider recommendations for specific treatments under section 67 of the Crimes (Sentencing) Act 2005 (ACT).

The court found that the cumulative effect of the defendant’s criminal history, the seriousness of the current offences, and the necessity for community protection warranted a term of imprisonment for each charge. The court imposed sentences ranging from one year and six months to one year, six months and 27 days, with a nonparole period of two years, four months and 17 days. Additionally, the court recommended that the defendant engage in drug and alcohol treatment, family violence treatment, anger management treatment, and mental health treatment. The sentences and recommendations reflect a comprehensive approach to address the underlying issues contributing to the defendant’s offending behaviour.