SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2010 0034
| LJUPCO SLAVESKI | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES | MAXWELL P, BUCHANAN and WEINBERG JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARINGS | 13 February 2012, 14 June 2012 |
| DATE OF JUDGMENT | 18 February 2013 |
| MEDIUM NEUTRAL CITATION | [2013] VSCA 16 |
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CRIMINAL LAW – Appeal – Conviction – Aggravated burglary, assault, reckless endangerment – Violent attack committed by co-offenders – Applicant present – Played no part in attack – Circumstantial case – Whether acting in concert – Whether inference of prior agreement open – Whether other inferences open – Convictions unsafe and unsatisfactory – Appeal allowed – Verdicts of acquittal – Criminal Procedure Act 2009 (Vic) ss 276(1)(a), 277(1)(b).
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| Appearances: | Counsel | Solicitors |
| The Applicant appeared in person | ||
| For the Respondent | 13.2.12: Mr G J C Silbert SC with Mr D B Bongiorno 14.6.12: Mr T Gyorffy SC with Mr D B Bongiorno | Mr C Hyland, Solicitor for Public Prosecutions |
MAXWELL P
BUCHANAN JA
WEINBERG JA:
Introduction
The applicant was presented for trial before a County Court jury on the following charges:
a.one count of aggravated burglary (count 1);[1]
b.four counts of common assault (counts 2–5);[2] and
c.one count of reckless conduct endangering persons (count 6).[3]
[1]Contrary to s 77(1) of the Crimes Act 1958 (the ‘Act’).
[2]Contrary to the common law and to s 31 of the Act.
[3]Contrary to s 23 of the Act.
These offences were alleged to have been committed on 5 November 2004 in Thomastown at an automotive workshop called Quicksilver Automotive Performance (the ‘workshop’). The workshop was operated by Vasko Jovanovski (‘Vasko’), the victim of the assault which constituted count 5. The applicant was said to have been acting in concert with John and Michael Selim (to whom we will refer, respectively, as ‘JS’ and ‘MS’, and collectively as the ‘Selims’).
By his own choice, the applicant was unrepresented at the trial (and on the appeal). He cross‑examined the prosecution witnesses himself, and addressed the jury at the conclusion of the evidence. The trial judge directed an acquittal on count 4 at the close of the Crown case. After a trial of 15 days, the jury returned a verdict of guilty on all other counts. The trial judge sentenced the applicant to two years’ imprisonment, wholly suspended for two years.[4]
[4]See DPP v Slaveski [2010] VCC 61.
The applicant now seeks leave to appeal against conviction. There are numerous grounds of appeal. For reasons which follow, we need deal only with one ground. We would grant leave to appeal, and allow the appeal, on the ground that the jury’s verdict is unsafe and unsatisfactory — that is, it ‘cannot be supported having regard to the evidence’.[5] We would therefore quash the convictions and enter a judgment of acquittal on all counts.
[5]Criminal Procedure Act 2009 (Vic) s 276(1)(a).
The Crown case
According to the Crown case, the applicant and the Selims arrived at the workshop in two separate cars: the applicant in…
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- Case
- [2013] VSCA 16
- Decision Date
CaseChat Overview and Summary
The court examined whether there was sufficient evidence to infer that Slaveski and his co-offenders acted in concert and whether this inference was open based on the circumstances. It further evaluated whether other inferences were available that would justify convicting Slaveski despite his lack of direct participation in the assault. The court considered the nature of the evidence presented, which was primarily circumstantial, and whether it met the required standard of proof beyond reasonable doubt. Ultimately, the court found that the evidence was insufficient to conclude that Slaveski was acting in concert with his co-offenders, leading to a conclusion that the convictions were unsafe and unsatisfactory.
Consequently, the court allowed the appeal and quashed the convictions. The court ordered that Slaveski be acquitted of the charges of aggravated burglary, assault, and reckless endangerment. This decision was grounded in the statutory provisions of the Criminal Procedure Act 2009 (Vic) sections 276(1)(a) and 277(1)(b), which empower the court to set aside convictions that are not supported by the evidence. The court's ruling emphasised the importance of ensuring that all criminal convictions are based on a solid and reliable foundation of proof.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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