| IN THE SUPREME COURT OF VICTORIA | (Not) Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2009 1670
S CR 2009 0004
S CR 2009 1663
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NIKOLA ANDREEVSKI JC JOHN RAY GARCIA |
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JUDGE: | COGHLAN J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 11 August – 9 September, 18 October, 3 & 8 November 2010 | |
DATE OF SENTENCE: | 9 December 2010 | |
CASE MAY BE CITED AS: | R v Andreevski & Ors | |
MEDIUM NEUTRAL CITATION: | [2010] VSC 618 | |
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CRIMINAL LAW – Manslaughter – Cause serious injury recklessly – Cause Injury Recklessly - Affray – Youthful offenders – Circumstances of offending – Hierarchy of offending - Principle of specific deterrence – Principle of general deterrence – Genuine remorse – Good prospects of rehabilitation - Longer than usual parole period – Sentencing Act 1991 (Vic) - R v Verdins, Buckley & Vo (2007) 16 VR 269 – R v Zander [2009] VSCA 10 – R v Wise [2007] VSCA 266 – R v Johnstone [2007] VSCA 193.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R. Elston SC with Ms D. Piekusis | Office of Public Prosecutions |
| For the Accused Andreevski | Mr P. Kilduff | Robert Stary Lawyers |
| For the Accused JC | Mr W. Stuart | Galbally & O’Bryan |
| For the Accused Garcia | Mr J. Desmond | Peter Clarebrough & Associates |
HIS HONOUR:
We come now to the end of the involvement of the trial division of this Court in these matters. People have rights of appeal and they are perfectly entitled to exercise those. It just means in relation to appeals that are brought, the process goes on but we do conduct the system that seeks insofar as it can to be fair from the point of view of everyone. I understand the tension that exists for victims but I also understand how significant any term of imprisonment will be for this group, as with this entire group of young men.
One man in this series of events has been sentenced to be imprisoned for 22 years. That is all you really need to know about it in one sense.
On 8 September 2010 you were each found guilty by a jury of the crime of manslaughter. In the same set of verdicts, you JC, were found guilty of causing serious injury recklessly and you, Andreevski and Garcia, were found guilty of causing injury recklessly. Both of Andreevski and JC had pleaded guilty to the charge of affray on arraignment and are therefore convicted of that offence and you, Garcia, were found guilty of that charge by the jury.
Background of offending
The circumstances leading up to the fight at Diggers Rest Recreational Reserve on Sunday 8 February 2009 have been canvassed before.[1]
[1]See R v Smith [2009] VSC and R v Vucak & Ors [2010] VSC.
They began the week prior to the attack. During that week, Ante Vucak, then 18, contacted the deceased's younger brother, Kyle, for the purpose of arranging a fight, such fight was apparently in retaliation for…
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- AGLC
- R v Andreevski [2010] VSC 618
- Case
- [2010] VSC 618
- Decision Date
CaseChat Overview and Summary
The court considered a range of factors in determining the appropriate sentence, including the principle of specific deterrence, the principle of general deterrence, the defendants' age and prospects of rehabilitation, and the need to maintain a hierarchy of offending. The court found that the defendants' offending was serious and that they had shown genuine remorse. However, the court also found that the defendants were youthful offenders with good prospects of rehabilitation, and that a longer than usual parole period was appropriate to ensure that they had sufficient time to rehabilitate and reintegrate into society. The court ultimately sentenced the defendants to a term of imprisonment, with a non-parole period of 12 years.
The court also considered the defendants' personal circumstances, including their age, background, and prospects of rehabilitation. The court found that the defendants were both young and had shown genuine remorse for their offending. The court also found that the defendants had good prospects of rehabilitation, and that a longer than usual parole period was appropriate to ensure that they had sufficient time to rehabilitate and reintegrate into society.
The final orders of the court were that the defendants be sentenced to a term of imprisonment, with a non-parole period of 12 years. The court also ordered that the defendants be subject to certain conditions during their parole period, including regular reporting to a parole officer and participation in a rehabilitation program. The court emphasised the importance of both specific and general deterrence in its sentencing decision, and noted that the sentence imposed was appropriate to the nature and circumstances of the offending.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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