Pavicevic v The Queen

[2010] ACTCA 25

DUSAN PAVICEVIC v THE QUEEN [2010] ACTCA 25 (22 October 2010)

CRIMINAL LAW – appeal – appeal against asserted disparity in sentence with co-offender – parity principle – co-offenders preferably to be sentenced by same judge – appeal dismissed.

Lowe v The Queen (1984) 154 CLR 606
Postiglione v The Queen (1997) 189 CLR 295
R v JW [2010] NSWCCA 49
R v Pan [2005] NSWCCA 114
R v Swan [2006] NSWCCA 47
R (Commonwealth) v Kai Kong Li and Others [2005] NSWCCA 154

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 15-2009
No. SCC 10 of 2009

Judges:         Gray P, Refshauge and Ryan JJ
Court of Appeal of the Australian Capital Territory
Date:            22 October 2010

IN THE SUPREME COURT OF THE       )          No. ACTCA 15-2009
  )          No. SCC 10 of 2009
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:DUSAN PAVICEVIC

Appellant

AND:THE QUEEN

Respondent

ORDER

Judges:  Gray P, Refshauge and Ryan JJ
Date:  22 October 2010 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

IN THE SUPREME COURT OF THE       )          No. ACTCA 15-2009
  )          No. SCC 10 of 2009
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:DUSAN PAVICEVIC

Appellant

AND:THE QUEEN

Respondent

Judges:  Gray P, Refshauge and Ryan JJ
Date:  22 October 2010 
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. Dusan Pavicevic (the appellant) appeals against a sentence of eight years imprisonment with a non-parole period of five years that was imposed by Higgins CJ on 18 June 2009.  The sentencing judge ordered that the sentence commence on 22 July 2008.  The sole ground pursued on this appeal is that of disparity with the sentence imposed of his co-offender, Prasatphone Phimphisane, who was sentenced at the same time as he was.

1. In respect of the co-offender, Higgins CJ imposed a sentence of six years and six months imprisonment with a non-parole period of three years and three months.

1. The appellant and his co-offender were charged, and pleaded guilty to, an offence of aggravated robbery.  The robbery took place at Campbell’s Cash and Carry at about 11.45am on 19 July 2008.

1. The agreed statement of facts upon which the sentencing judge acted is set out:

Mr Dusan Pavicevic has pleaded guilty to a charge of aggravated robbery.  The maximum penalty for this offence is 2500 penalty units, imprisonment for 25 years or both.   Mr Pavicevic also wants the court to take into account the following additional offences;

i)unlawfully confined another person [CC 2008/8220]

ii)unlawfully confined another person [CC 2008/8221]

iii)unlawfully confined another person [CC 2008/8222]

Mr Phimphisane has pleaded guilty to a charge of aggravated robbery.  The maximum penalty for this offence is 2500 penalty units, imprisonment for 25 years or both.  Mr Phimphisane also wants the court to…