R v Antonovic

[2016] ACTSC 77

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Antonovic

Citation:

[2016] ACTSC 77

Hearing Date:

24 March 2016

DecisionDate:

8 April 2016

Before:

Burns J

Decision:

See [32]-[38]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – property offences – burglary – theft – significant criminal history – mental health issues – history of polysubstance abuse – disadvantaged childhood – need for personal deterrence – prior non compliance with community based orders – poor prospects of rehabilitation – terms of imprisonment imposed.

Cases Cited:

Fusimalohi v The Queen [2012] ACTCA 49

Tate v The Queen [2012] ACTCA 50

Parties:

The Queen (Crown)

Zdravko Antonovic (Offender)

Representation:

Counsel

Mr D Sahu Khan (Crown)

Mr J Sabharwal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 156A of 2014; SCC 156C of 2014; SCC 165 of 2014

BURNS J:

1. Zdravko Antonovic, you appear before me today to be sentenced with respect to two offences of burglary and two associated offences of theft which occurred on 28 January 2014. The first offence of burglary occurred at the “Mint@Forrest Café” and the offence of theft relates to the theft of the property inside those premises. The second offence of burglary occurred at “Architectural Reflections” in Wollongong Street, Fyshwick and the offence of theft relates to theft of the property from those premises. You also appear before me for sentence with respect to another offence of burglary, which occurred on 2 February 2014 at residential premises in Forrest.

The offences

1. With respect to the offences of 28 January 2014, at about 1.30 am on that day you attended the Minter Ellison Building at 25 National Circuit, Forrest in the Australian Capital Territory where you forced entry into the “Mint@Forrest Café” by pulling open the rear double glass doors on the ground floor.  Whilst inside the premises you stole cash in the amount of $2,250.

1. Later that same morning you attended at premises in Wollongong Street in Fyshwick where you forced entry into the business premises of “Architectural Reflections” by breaking a front window.  Whilst inside the premises you stole a number of items before departing.

1. You were linked to the burglary at the “Mint@Forrest Café” by DNA evidence which was found at the scene. You were also linked to burglary at “Architectural Reflections” by DNA evidence which was located at the scene.

1. With respect to the burglary on 2 February 2014 at the premises in Forrest, those premises were a ground floor two bedroom apartment with a courtyard surrounded by a low perimeter wall.  The courtyard faces onto Fitzroy Street and can be accessed by a gate.  From inside the courtyard access into the unit can be gained through glass doors.  At approximately 3.40 pm on 2 February 2014 one of the occupants left the unit.  Before leaving she ensured that the unit was securely locked.  At about 4.30 pm that day you drove a green Mercedes sedan along…