[2009] TASSC 94
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Ilic v Tasmania [2009] TASSC 94
PARTIES: ILIC, Branimir
v
TASMANIA (STATE OF)
FILE NO/S: 231/2009
DELIVERED ON: 16 October 2009
DELIVERED AT: Hobart
HEARING DATE: 10 September 2009
JUDGMENT OF: Crawford CJ, Tennent and Porter JJ
CATCHWORDS:
Criminal Law – Sentence – Relevant factors – Response to charges – Co-operation with police or assistance to authorities – Generally – Early pleas of guilty.
Dennison v The State of Tasmania (2005) 15 Tas R 50; Markarian v The Queen (2005) 228 CLR 357; R v Cartwright (1989) 17 NSWLR 243, referred to.
Aust Dig Criminal Law [3274]
REPRESENTATION:
Counsel:
Appellant: P Barker
Respondent: J Hartnett
Solicitors:
Appellant: PWB Lawyers
Respondent: Director of Public Prosecutions
Judgment Number: [2009] TASSC 94
Number of paragraphs: 29
Serial No 94/2009
File No 231/2009
BRANIMIR ILIC v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD CJ
TENNENT J
PORTER J
16 October 2009
Orders of the Court
That the appeal is allowed.
That the order made on 12 March 2009 pursuant to which the appellant was sentenced to serve a period of four years and six months' imprisonment with effect from 3 December 2008 with a non-parole period of two years and six months, is quashed.
In lieu thereof, the appellant is sentenced to three years' imprisonment with effect from 3 December 2008, with a non-parole period of two years.
Serial No 94/2009
File No 231/2009
BRANIMIR ILIC v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD CJ
16 October 2009
I generally agree with the reasons for judgment of Tennent J.
Having regard to the need for a sentencing discount in recognition of the early pleas of guilty, the information that was provided by the appellant to the police, and his undertaking to give evidence against two individuals, the sentence of imprisonment of four years six months was equivalent to one of imprisonment for at least five years six months and, very possibly, six years, if no such pleas, information and undertaking had been provided. That would have been a manifestly excessive sentence for the offences committed by the appellant. It follows that the sentence that was imposed was manifestly excessive.
I agree that the appeal should be allowed and the sentence quashed. I also agree that in its place the appellant should be sentenced to imprisonment for three years from 3 December 2008 and it should be ordered that he is not to be eligible for parole until he has served two years of the imprisonment.
File No 231/2009
BRANIMIR ILIC v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
TENNENT J
16 October 2009
On 20 February 2009, the appellant pleaded guilty to 42 charges appearing on an indictment dated 6 February 2009 and on a number of complaints. The matters to which he pleaded were as follows:
Indictment
- Procuring unauthorised status contrary to the Criminal Code ("the…
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- Ilic v Tasmania [2009] TASSC 94
- Case
- [2009] TASSC 94
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CaseChat Overview and Summary
The legal issues in the case related to the principles that a court should consider when sentencing a defendant for criminal offences. The applicant argued that the trial judge failed to take into account his early pleas of guilty and his co-operation with the police in mitigating the sentence imposed. The applicant submitted that the sentence was excessive and should be reduced. The respondent, Tasmania, argued that the sentence was appropriate and took into account all relevant factors.
The court found that the sentence imposed was appropriate and did not err in the principles applied by the trial judge. The court found that while the applicant's early pleas of guilty and co-operation with the police were relevant mitigating factors, they did not warrant a reduction in sentence. The court found that the gravity of the offences and the need for general deterrence outweighed the mitigating factors. The court found that the sentence imposed was within the range of appropriate sentences for the offences committed. The appeal was therefore dismissed.
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
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Ratio Decidendi
Legal Principle Established
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