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:
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:
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.
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.
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.
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…
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- AGLC
- Pavicevic v The Queen [2010] ACTCA 25
- Case
- [2010] ACTCA 25
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was the application of the parity principle in sentencing, particularly where co-offenders have received different sentences. This principle generally requires that sentences imposed on co-offenders should be proportionate to their respective culpability and, where possible, should be consistent to avoid perceptions of unfairness.
The Court of Appeal considered the circumstances of the co-offender's sentencing and the appellant's own culpability. It applied the principle that co-offenders are preferably to be sentenced by the same judge to ensure consistency. Having regard to all relevant factors, the Court found no error in the sentencing judge's determination and concluded that the asserted disparity did not warrant intervention on appeal.
The appeal was dismissed.
Orders
Orders of the court
The appeal be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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