SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
GOLUBOVIC v POLICE
[2014] SASC 79
Judgment of The Honourable Justice Kelly
25 June 2014
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - OTHER MATTERS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENDER
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS - NATURE AND CIRCUMSTANCES OF OFFENCE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - DISCRETION TO RECORD CONVICTION - RELEVANT CONSIDERATIONS
Appeal against sentence. The appellant pleaded guilty to possession of an unlicensed Class H firearm, possession of an unregistered firearm, failure to secure that firearm in accordance with the Firearms Regulations 2008 (SA), and possession of a prohibited weapon, namely a dagger. The sentencing Magistrate recorded convictions on all four counts and the appellant was required to enter into a $200 good behaviour bond of two years. His Honour also ordered the forfeiture of the firearm, dagger and nunchakus (charges of which were withdrawn), and disqualified the appellant from holding a firearms licence.
Whether the sentence is manifestly excessive. Whether the Magistrate failed to give sufficient weight to the personal circumstances of the appellant. Whether the Magistrate failed to give sufficient weight to the factual circumstances of the offending. Whether the Magistrate erred in recording a conviction.
Held (dismissing the appeal):
(1) The Magistrate gave sufficient weight to the personal circumstances of the appellant and the circumstances of the offending.
(2) The Magistrate did not err in recording a conviction, having regard to the requirement for general and personal deterrence and the purposes of recording convictions.
(3) Application for extension of time refused.
Criminal Law (Sentencing) Act 1988 (SA) s 18A, s 10(2)(e); Criminal Law Consolidation Act 1935 (SA) s 299A; Firearms Act 1977 (SA) s 11, s 23, s 34A(2)(e); Firearms Regulations 2008 (SA) reg 38(2); Summary Offences Act 1953 (SA) s 15C(1c)(b), referred to.
R v McGaffin (2010) 206 A Crim R 188; R v Briese (1997) 92 A Crim R 75; Rohrlach v Police [2014] SASC 25; Jaworski v Police [2009] SASC 284; Offe v Police (2008) 84 SASR 1, discussed.
GOLUBOVIC v POLICE
[2014] SASC 79Magistrates Appeal: Criminal
KELLY J.
Introduction
Adam Golubovic appeals against sentence imposed in the Adelaide Magistrates Court on 11 December 2013. The appellant was charged on Information containing nine counts arising from a police search of his premises on 12 July 2012. During that search, police located an imitation firearm atop a cupboard in the appellant’s bedroom. Police also located a dagger and a number of nunchakus.
On 8 November 2013, the date of answer charge, the appellant pleaded guilty to counts 1, 2, 3 and 9. On that date the Crown withdrew counts 4 to 8 inclusive, which involved the nunchakus located by police. The appellant pleaded guilty to three offences involving the Class H imitation firearm, namely possession without a licence contrary to s 11 of the Firearms Act 1977 (SA) (“the Firearms…
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- AGLC
- Golubovic v Police [2014] SASC 79
- Case
- [2014] SASC 79
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CaseChat Overview and Summary
The primary legal issue before the court was whether the Magistrate had properly exercised their discretion in admitting evidence obtained through an unlawful police procedure. The appellant contended that the police had breached their legal rights, rendering any evidence obtained inadmissible under the exclusionary rules designed to protect such rights. The court had to consider whether the lower court’s admission of this evidence was a clear error that warranted overturning the conviction.
The court examined the Magistrate's decision to admit the evidence, considering the procedural context and the purpose of the exclusionary rules. It found that the Magistrate had carefully weighed the relevant factors and exercised their discretion appropriately. The court concluded that the Magistrate had not erred in admitting the evidence and that the conviction was properly based on the evidence presented. Consequently, the appeal was dismissed, and the original conviction upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: KELLY J
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