SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Law v Ilievski |
Citation: | [2016] ACTSC 291 |
Hearing Date: | 25 July 2016 |
DecisionDate: | 12 October 2016 |
Before: | Refshauge ACJ |
Decision: | 1. The appeal be upheld. 2. The convictions entered in the Magistrates Court be confirmed. 3. The sentences imposed in the Magistrates Court be set aside and in lieu the following sentences be imposed: a. For the offence of theft (CC 15/2087), William Thomas Law be sentenced to nine months imprisonment to commence on 4 February 2016. b. For the offence of dishonestly obtaining property by deception (CC15/2938), William Thomas Law be sentenced to three months imprisonment to commence on 4 September 2016. c. For the offence of possessing stolen property (CC 15/2939), William Thomas Law be sentenced to one month imprisonment to commence on 4 November 2016 and expiring on 3 December 2016. d. For the offence of dishonestly obtaining property by deception (CC 15/2976), William Thomas Law be sentenced to three months imprisonment to commence on 4 November 2016. e. For the offence of dishonestly obtaining property by deception (CC 15/2979), William Thomas Law be sentenced to two months imprisonment to commence on 4 November 2016 and expire on 3 January 2017. f. For the offence of dishonestly obtaining property by deception (CC 15/2980), William Thomas Law be sentenced to two months imprisonment to commence on 4 November 2016. g. For the offence of dishonestly obtaining property by deception (CC 15/2981), William Thomas Law be sentenced to three months imprisonment to commence on 4 November 2016. h. For the offence of dishonestly obtaining property by deception (CC 15/2995), William Thomas Law be sentenced to two months imprisonment to commence on 4 November 2016. i. For the offence of dishonestly obtaining property by deception (CC 15/2997), William Thomas Law be sentenced to three months imprisonment to commence on 4 December 2016. j. For the offence of dishonestly obtaining property by deception (CC 15/2998), William Thomas Law be sentenced to three months imprisonment to commence on 4 January 2017. k. For the offence of dishonestly obtaining property by deception (CC 15/2999), William Thomas Law be sentenced to three months imprisonment to commence on 4 January 2017. l. For the offence of dishonestly obtaining property by deception (CC 15/3000), William Thomas Law be sentenced to two months imprisonment to commence on 4 January 2017. m. For the offence of dishonestly obtaining property by deception (CC 15/3001), William Thomas Law be sentenced to three months imprisonment to commence on 4 January 2017. n. For the offence of dishonestly obtaining property by deception (CC 15/3002), William Thomas Law be sentenced to three months imprisonment to commence on 4 February 2017. o. For the offence of dishonestly obtaining property by deception (CC 15/3003), William Thomas Law be sentenced to three months imprisonment to commence on 4 March 2017. p. For the offence of dishonestly obtaining property by deception (CC 15/3004), William Thomas Law be sentenced to three months imprisonment to commence on 4 March… |
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- AGLC
- Law v Ilievski [2016] ACTSC 291
- Case
- [2016] ACTSC 291
- Decision Date
CaseChat Overview and Summary
The court examined the totality of the sentence and the discrepancies in sentence categories. The court found that the sentences imposed by the Magistrates Court were manifestly excessive and that there were discrepancies in the sentence categories for certain offences. The court also considered the character references submitted by Law and his guilty plea, but found that these did not warrant a significant reduction in sentence.
The appeal was upheld, and the sentences imposed by the Magistrates Court were set aside. In lieu, the court imposed new sentences for each offence, with a non-parole period of 14 months to commence on 4 February 2016 and end on 3 April 2017. The court also confirmed the convictions entered in the Magistrates Court.
Orders
Orders of the court
1. The appeal be upheld.
2. The convictions entered in the Magistrates Court be confirmed.
3. The sentences imposed in the Magistrates Court be set aside and in lieu the following sentences be imposed:
a. For the offence of theft (CC 15/2087), William Thomas Law be sentenced to nine months imprisonment to commence on 4 February 2016.
b. For the offence of dishonestly obtaining property by deception (CC15/2938), William Thomas Law be sentenced to three months imprisonment to commence on 4 September 2016.
c. For the offence of possessing stolen property (CC 15/2939), William Thomas Law be sentenced to one month imprisonment to commence on 4 November 2016 and expiring on 3 December 2016.
d. For the offence of dishonestly obtaining property by deception (CC 15/2976), William Thomas Law be sentenced to three months imprisonment to commence on 4 November 2016.
e. For the offence of dishonestly obtaining property by deception (CC 15/2979), William Thomas Law be sentenced to two months imprisonment to commence on 4 November 2016 and expire on 3 January 2017.
f. For the offence of dishonestly obtaining property by deception (CC 15/2980), William Thomas Law be sentenced to two months imprisonment to commence on 4 November 2016.
g. For the offence of dishonestly obtaining property by deception (CC 15/2981), William Thomas Law be sentenced to three months imprisonment to commence on 4 November 2016.
h. For the offence of dishonestly obtaining property by deception (CC 15/2995), William Thomas Law be sentenced to two months imprisonment to commence on 4 November 2016.
i. For the offence of dishonestly obtaining property by deception (CC 15/2997), William Thomas Law be sentenced to three months imprisonment to commence on 4 December 2016.
j. For the offence of dishonestly obtaining property by deception (CC 15/2998), William Thomas Law be sentenced to three months imprisonment to commence on 4 January 2017.
k. For the offence of dishonestly obtaining property by deception (CC 15/2999), William Thomas Law be sentenced to three months imprisonment to commence on 4 January 2017.
l. For the offence of dishonestly obtaining property by deception (CC 15/3000), William Thomas Law be sentenced to two months imprisonment to commence on 4 January 2017.
m. For the offence of dishonestly obtaining property by deception (CC 15/3001), William Thomas Law be sentenced to three months imprisonment to commence on 4 January 2017.
n. For the offence of dishonestly obtaining property by deception (CC 15/3002), William Thomas Law be sentenced to three months imprisonment to commence on 4 February 2017.
o. For the offence of dishonestly obtaining property by deception (CC 15/3003), William Thomas Law be sentenced to three months imprisonment to commence on 4 March 2017.
p. For the offence of dishonestly obtaining property by deception (CC 15/3004), William Thomas Law be sentenced to three months imprisonment to commence on 4 March 2017.
q. For the offence of dishonestly obtaining property by deception (CC 15/3193), William Thomas Law be sentenced to three months imprisonment to commence on 4 March 2017.
r. For the offence of dishonestly obtaining property by deception (CC 15/3194), William Thomas Law be sentenced to three months imprisonment to commence on 4 March 2017.
s. For the offence of dishonestly obtaining property by deception (CC 15/3196), William Thomas Law be sentenced to three months imprisonment to commence on 4 March 2017.
t. For the offence of dishonestly obtaining property by deception (CC 15/3208), William Thomas Law be sentenced to three months imprisonment to commence on 4 April 2017.
u. For the offence of dishonestly obtaining property by deception (CC 15/3485), William Thomas Law be sentenced to three months imprisonment to commence on 4 May 2017.
v. For the offence of dishonestly obtaining property by deception (CC 15/2016), William Thomas Law be sentenced to three months imprisonment to commence on 4 August 2017.
w. For the offence of dishonestly obtaining property by deception (CC 15/2017), William Thomas Law be sentenced to three months imprisonment to commence on 4 September 2017.
x. For the offence of possessing stolen property (CC 15/2018), William Thomas Law be sentenced to one month imprisonment to commence on 4 September 2017.
y. For the offence of possessing stolen property (CC 15/2019), William Thomas Law be sentenced to two months imprisonment to commence on 4 November 2017.
z. For the offence of dishonestly obtaining property by deception (CC 15/2020), William Thomas Law be sentenced to three months imprisonment to commence on 4 November 2017.
aa. For the offence of possessing stolen property (CC 15/6613), William Thomas Law be sentenced to three months imprisonment to commence on 4 February 2018.
bb. A non parole period of 14 months be set to commence on 4 February 2016 and end on 3 April 2017.
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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