Ljupco Slaveski v The Queen (On the Application of the Prothonotary of Supreme Court of Victoria)

[2012] HCASL 144

LJUPCO SLAVESKI

v

THE QUEEN (ON THE APPLICATION OF THE PROTHONOTARY OF SUPREME COURT OF VICTORIA) & ANOR

[2012] HCASL 144
M42/2012

1. The Supreme Court of Victoria (Whelan J) convicted the applicant of contempt of court in proceedings before Kyrou J.  The applicant was sentenced to two months' imprisonment.  On the one hand, there were mitigating factors, including a mental disorder which reduced the applicant's moral culpability.  On the other hand, the offence was serious and not isolated, the applicant was serving a suspended sentence at the time, and the apologies made by the applicant did not reveal genuine acceptance of responsibility or remorse. 

2. An appeal to the Victorian Court of Appeal against conviction failed, as did an application for leave to appeal against sentence, save that the Court of Appeal set aside an order that the applicant be imprisoned for one month in default of payment of indemnity costs.  Warren CJ, Nettle and Redlich JJA found no other sentencing error.  And they rejected the applicant's challenges to the conviction, which centred on bias, a failure to grant an adjournment to obtain legal representation, and the Charter of Human Rights and Responsibilities Act 2006 (Vic).

3. The papers filed by the applicant in support of his application for special leave to appeal to this Court are almost unintelligible.  They disclose no ground on which an appeal might succeed if special leave were granted.

4. The application is dismissed.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

J.D. Heydon
13 November 2012 V.M. Bell