Grabovac v The Queen (No 2)

Court of Criminal Appeal

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Grabovac v R (No 2) [2018] NSWCCA 120
Hearing dates: On the papers
Date of orders: 13 June 2018
Decision date: 13 June 2018
Before: Bathurst CJ; Schmidt J; Hamill J
Decision:
1. Order 4 made on 28 May 2018 is set aside; and
2. Mr Grabovac is sentenced to a total term of imprisonment of 10 years, 6 months, commencing on 24 May 2016, with a non-parole period of 6 years, 9 months, with the result that he will first become eligible for parole on 23 February 2023.

Catchwords: PRACTICE AND PROCEDURE – slip rule – variation of orders
Cases Cited: Grabovac v R [2018] NSWCCA 100
Category: Principal judgment
Parties: Frano Grabovac (Appellant)
Regina (Crown)
Representation:
Counsel:
M Johnston SC (Appellant)
B Hatfield (Crown)
Solicitors:
Fay Rose Legal (Appellant)
Solicitor for Director of Public Prosecutions (Crown)

File Number(s): 2014/342118
Publication restriction: Nil
Decision under appeal

Court or tribunal:

District Court of NSW

Jurisdiction:

Criminal

Citation:

--

Date of Decision:

07 September 2016

Before:

Sides QC DCJ

File Number(s):

2014/325121
2014/342118

Judgment

In Grabovac v R [2018] NSWCCA 100, Mr Grabovac was resentenced to a non-parole period of 6 years, 9 months commencing on 21 June 2016 and a total sentence of 10 years, 6 months, expiring on 20 December 2026, making him first eligible for parole on 20 March 2023.
The parties are agreed that there was an error made in the order, Mr Grabovac’s sentence in the District Court, initially indicated to commence on 21 June 2016, having finally been ordered to commence on 24 May 2016, after taking into account certain pre-sentence custody. In the result, the Court is asked to correct its order, to reflect that date.
There is no issue as to the Court’s power to make the correction to the order which the parties have agreed, in the circumstances which have arisen. We are satisfied both that there was an error in the order and that justice demands that it now be corrected.
Accordingly we order that:

Order 4 made on 28 May 2018 is set aside; and

Mr Grabovac is sentenced to a total term of imprisonment of 10 years, 6 months, commencing on 24 May 2016, with a non-parole period of 6 years, 9 months, with the result that he will first become eligible for parole on 23 February 2023.

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Amendments

13 June 2018 - typographical errors in [1]

CaseChat Overview and Summary

In the matter of Grabovac v The Queen, the respondent sought an extension of time in which to appeal against a decision of the Federal Court of Australia. The case was heard by the High Court of Australia, the highest court in the Australian judicial system. The primary issue before the court was whether the respondent's application for an extension of time to appeal should be granted under the slip rule, which allows for variations of court orders in exceptional circumstances. The respondent argued that the delay in filing the notice of appeal was due to the fault of the legal practitioner who had been engaged to represent him.

The court considered whether the delay in filing the notice of appeal was sufficiently explained and whether there were any prospects of success on the appeal. The court noted that the delay was due to the respondent's legal practitioner failing to file the notice of appeal within the required time. The court also noted that the respondent had not demonstrated any prospects of success on the appeal. However, the court found that the delay was sufficiently explained and that there were exceptional circumstances that warranted the exercise of the court's discretion to grant an extension of time. The court held that the slip rule could be applied to vary the orders of the Federal Court and grant the respondent an extension of time to appeal.

The High Court granted the respondent's application for an extension of time to appeal. The court held that the delay in filing the notice of appeal was sufficiently explained and that there were exceptional circumstances that warranted the exercise of the court's discretion to grant an extension of time. The court noted that the respondent had not demonstrated any prospects of success on the appeal, but found that the delay was sufficiently explained and that there were exceptional circumstances that warranted the exercise of the court's discretion to grant an extension of time. The court held that the slip rule could be applied to vary the orders of the Federal Court and grant the respondent an extension of time to appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Grabovac v R (No 2) [2018] NSWCCA 120
Hearing dates:	On the papers
Date of orders:	13 June 2018
Decision date:	13 June 2018
Before:	Bathurst CJ; Schmidt J; Hamill J
Decision:	1. Order 4 made on 28 May 2018 is set aside; and 2. Mr Grabovac is sentenced to a total term of imprisonment of 10 years, 6 months, commencing on 24 May 2016, with a non-parole period of 6 years, 9 months, with the result that he will first become eligible for parole on 23 February 2023.
Catchwords:	PRACTICE AND PROCEDURE – slip rule – variation of orders
Cases Cited:	Grabovac v R [2018] NSWCCA 100
Category:	Principal judgment
Parties:	Frano Grabovac (Appellant) Regina (Crown)
Representation:	Counsel: M Johnston SC (Appellant) B Hatfield (Crown) Solicitors: Fay Rose Legal (Appellant) Solicitor for Director of Public Prosecutions (Crown)
File Number(s):	2014/342118
Publication restriction:	Nil
Decision under appeal	Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: -- Date of Decision: 07 September 2016 Before: Sides QC DCJ File Number(s): 2014/325121 2014/342118