ANDROS STEVE KLOBUCAR v THE QUEEN
[2014] ACTCA 6 (28 March 2014)
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – appeal against conviction – whether finding of fact was open – whether conviction was unsafe and unsatisfactory because it was dependent upon testimony given five years after offence – whether trial judge’s recollection and assessment of testimony was compromised by delay in giving judgment.
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – appeal against sentence – whether adequate weight given to principle of parity – whether sentence manifestly excessive – whether trial judge erred by using a tariff.
Criminal Code 2002 (ACT) ss 45, 600, 603
Supreme Court Act 1933 (ACT) s 37O
Haros v Linfox Australia Pty Ltd [2012] FCAFC 42
Hili v The Queen (2010) 242 CLR 520
Kelly v The Queen [2011] VSCA 10
Lowe v The Queen (1984) 154 CLR 606
M v The Queen (1994) 181 CLR 487
Markarian v The Queen [2005] HCA 25
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Monie v Commonwealth of Australia (2005) 63 NSWLR 729
Nguyen v The Queen [2013] ACTCA 11
Pavicevic v The Queen [2010] ACTCA 25
Postiglione v The Queen (1997) 189 CLR 295
R v Griggs [1999] FCA 1573
R vHillier (2007) 228 CLR 618
R v Pan [2005] NSWCCA 114
Tak Fat Wong v The Queen (2001) 207 CLR 584
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 41 – 2013
No. ACTCA 63 – 2013
No. SCC 186 of 2010
Judges: Murrell CJ, Burns and Ross JJ
Court of Appeal of the Australian Capital Territory
Date: 28 March 2014
IN THE SUPREME COURT OF THE ) No. ACTCA 41 – 2013
) No. ACTCA 63 – 2013
AUSTRALIAN CAPITAL TERRITORY ) No. SCC 186 of 2010
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:ANDROS STEVE KLOBUCAR
Appellant
AND:THE QUEEN
Respondent
ORDER
Judges: Murrell CJ, Burns and Ross JJ
Date: 28 March 2014
Place: Canberra
THE COURT ORDERS THAT:
The appeal be dismissed.
IN THE SUPREME COURT OF THE ) No. ACTCA 41 – 2013
) No. ACTCA 63 – 2013
AUSTRALIAN CAPITAL TERRITORY ) No. SCC 186 of 2010
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:ANDROS STEVE KLOBUCAR
Appellant
AND:THE QUEEN
Respondent
Judges: Murrell CJ, Burns and Ross JJ
Date: 28 March 2014
Place: Canberra
REASONS FOR JUDGMENT
THE COURT:
The appeal
The appellant appeals against his conviction and sentence for the offence that on 21 August 2007 at Canberra in the Australian Capital Territory he procured Yaresul Silkeci to traffic in a controlled drug other than cannabis, namely methylamphetamine. The offence involves a contravention of ss 603 and 45 of the Criminal Code…
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- AGLC
- Klobucar v The Queen [2014] ACTCA 6
- Case
- [2014] ACTCA 6
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the conviction was unsafe and unsatisfactory due to the passage of time between the offence and the testimony relied upon for conviction, and whether the trial judge's assessment of the evidence was compromised by a delay in delivering judgment. Additionally, the Court considered whether the sentence imposed was manifestly excessive, whether adequate weight had been given to the principle of parity, and whether the trial judge had erred by employing a tariff approach.
The Court of Criminal Appeal dismissed the appeal. It found that the conviction was not unsafe or unsatisfactory, implicitly determining that the delay in judgment did not compromise the trial judge's assessment of the evidence. Furthermore, the Court concluded that the sentence was not manifestly excessive and that the trial judge had not erred in their sentencing approach.
Orders
Orders of the court
1. The appeal be dismissed.
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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