Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Manojlovic v R; R v Manojlovic [2020] NSWCCA 315 Hearing dates: 4 September 2020;
25 September 2020Decision date: 02 December 2020 Before: Hoeben CJ at CL at [1],
Button J at [160]
N Adams J at [162]Decision: CONVICTION:
(1) Leave to appeal against conviction is granted.
(2) The appeal against conviction is dismissed.
SENTENCE:
(1) The appeal is allowed.
(2) The sentence imposed on the respondent by Williams SC DCJ on 9 April 2020 is quashed.
(3) In lieu thereof, the respondent is sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) of imprisonment of 5 years, 6 months to commence on 10 February 2020 with a non-parole period of 3 years to expire on 9 February 2023.
(4) Pursuant to s 53A(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) the indicative sentences are:
Count 1: 20 months with a non-parole period of 12 months.
Count 2: 2 years with a non-parole period of 15 months.
Count 3: 2 years and 6 months with a non-parole period of 22 months.
Count 5: 3 years with a non-parole period of 2 years.
Count 7: 3 years and 6 months with a non-parole period of 2 years and 6 months.
Catchwords: CRIMINAL LAW – conviction appeal – two counts of aggravated indecent assault, three counts of aggravated sexual intercourse without consent – circumstance of aggravation being “under authority” – conviction after trial by jury – victim school pupil – offender school teacher – whether verdicts of guilty were unreasonable and cannot be supported having regard to the evidence – credit and reliability of victim challenged – whether it was open to the jury to be satisfied beyond reasonable doubt that offender was guilty – leave to appeal against conviction granted – appeal against conviction dismissed – CRIMINAL LAW – appeal against sentence - Crown appeal - assessment of objective seriousness - respondent's knowledge of lack of consent - knowledge rather than recklessness - characterisation of objective seriousness as “towards the low end of the range” - whether sentence manifestly inadequate
Legislation Cited: Crimes Act 1900 (NSW) – ss 61J(1), 61M(1), s 73(2), 578A
Criminal Appeal Act 1912 (NSW) – s 5(1)(b)
Criminal Procedure Act1986 (NSW) – s 294
Evidence Act 1995 (NSW) – s 44
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
CMB v Attorney General for New South Wales (2015) 256 CLR 346; [2015] HCA 9
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Director of Public Prosecutions (NSW) v Burton [2020] NSWCCA 54
Everett v The Queen (1994) 181 CLR 295; [1994] HCA 49 at 300
Gibson v Regina [2019] NSWCCA 221
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
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- Case
- [2020] NSWCCA 315
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the reliability of the victim's testimony and whether it was open to the jury to be satisfied beyond reasonable doubt that Manojlovic was guilty of the offences. The court also considered the characterisation of the objective seriousness of the offences and the appropriate sentence for the crimes committed. The court examined the evidence presented, the challenges to the victim's credibility, and the arguments regarding the adequacy of the sentence imposed.
The Court of Appeal found that the jury was open to being satisfied beyond reasonable doubt that Manojlovic was guilty of the offences, despite challenges to the victim's credibility. The court held that it was not open to them to interfere with the jury's findings as the verdicts were not unreasonable. Regarding the sentence, the court concluded that the objective seriousness of the offences was correctly assessed and that the sentence imposed was not manifestly inadequate. Consequently, the appeal against conviction was dismissed, and the appeal against sentence was also dismissed.
The final orders of the court were that the appeal against conviction was dismissed, and the appeal against sentence was dismissed. The original conviction and sentence of Manojlovic were upheld.
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