[2021] TASSC 14
| COURT: | SUPREME COURT OF TASMANIA |
| CITATION: | Mrgic v Judges [2021] TASSC 14 |
| PARTIES: | MRGIC, Nemanja |
| v | |
| JUDGES, Russell | |
| FILE NO: | 318/2021 |
| DELIVERED ON: | 14 April 2021 |
| DELIVERED AT: | Burnie |
| HEARING DATE: | 13 April 2021 |
| JUDGMENT OF: | Pearce J |
| CATCHWORDS: |
Magistrates – Appeal and review – Tasmania – Motion to review – Other matters – Plea of guilty to three counts of common assault – Serious public violence against strangers – Applicant with no prior convictions for violence – Sentence of imprisonment for 12 weeks with half suspended not manifestly excessive.
Aust Dig Magistrates [1349]
Criminal Law – Sentence – Sentencing procedure – Approach to sentencing process – Procedural fairness – Obligation of court to raise important possibility of actual term of imprisonment – Obligation did not
arise in this case.
Allen v Kerr [2009] TASSC 10, 19 Tas R 132, followed.
Aust Dig Criminal Law [3306]
REPRESENTATION:
Counsel:
Appellant: J Ker Respondent: J Farmer
Solicitors:
Appellant: Legal Aid Commission of Tasmania Respondent: Director of Public Prosecutions
| Judgment Number: | [2021] TASSC 14 |
| Number of paragraphs: | 28 |
Serial No 14/2021 File No 318/2021
NEMANJA MRGIC v SENIOR SERGEANT RUSSELL JUDGES
| REASONS FOR JUDGMENT | PEARCE J 14 April 2021 |
1 By this motion the applicant seeks to review a sentence imposed by a magistrate, Ms L Topfer, on 12 February 2021. The applicant pleaded guilty to three counts of common assault. Her Honour sentenced the applicant to a term of imprisonment of 12 weeks from the day of sentence, six weeks of which was conditionally suspended for two years. One of the conditions of the order suspending part of the sentence was that the applicant submit to the supervision of a probation officer for 12 months from his release. There are three grounds of the motion:
Ground 1 asserts that the learned magistrate erred in fact and in law by failing to have regard in
mitigation to the pleas of guilty. Ground 2 asserts that the learned magistrate erred in law in imposing a term of imprisonment to be
served, without having previously identified that this course was contemplated. Ground 3 asserts that the learned magistrate erred in imposing a sentence that was manifestly
excessive in all the circumstances of the case.2 For the following reasons, none of the grounds of the motion are made out.
The circumstances of the offences
3 Just after midnight on 1 January 2020 a number of persons, including Dean Martin, his wife Nicola Martin, and Gabby Cotter, were waiting for a bus in central Burnie. They had just attended a public social event for New Year's Eve. The applicant was there with another man I will refer to as Mr K. The applicant and Mr K became involved in an "altercation" with another person nearby. When Mr Martin stepped forward to check on the welfare of that person, he was set upon by the two men. They pushed him against a…
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CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the magistrate was manifestly excessive. The court had to consider the nature of the offences, the circumstances surrounding them, and the applicant's background. The applicant argued that, given his lack of a criminal history, a sentence of imprisonment for 12 weeks with half suspended was disproportionate. The court was required to assess whether the sentence was within the range of reasonable outcomes and whether it was appropriate in light of the relevant sentencing principles.
The court found that the sentence was not manifestly excessive. It considered the seriousness of the offences, which involved significant public violence against strangers. The court also noted that the applicant had shown remorse and there was no evidence of any prior violent conduct. The court concluded that the sentence was within the range of reasonable outcomes and did not exceed what was appropriate for the gravity of the offences and the circumstances of the case. The court dismissed the application for review, upholding the original sentence.
The final orders of the court were that the application for review be dismissed, and the original sentence of imprisonment for 12 weeks with half suspended be upheld.
Orders
Orders of the court
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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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