R v Antonovic (No 1) - [2021] ACTSC 219

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Antonovic (No 1)
Citation:	[2021] ACTSC 219
Hearing Date(s):	3 March 2021
DecisionDate:	5 March 2021
Before:	Refshauge AJ
Decision:	1. Zdravko Ako Antonovic be granted bail to appear at 2:30pm on 23 April 2021 on the following conditions: (a) That he not consume alcohol or illicit drugs; (b) That he reside at 45 Daintree Crescent, Kaleen; (c) That he not absent himself from his residence except in the company of his mother Stephanie Antonovic or Troy McColl except while actually attending counselling and complying with the requirements under condition (f); (d) That he report to the Officer-in-Charge of Belconnen Police Station every Tuesday and Friday between the hours of 9:00am and 5:00pm; (e) That he accept the supervision of the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person supervising him; (f) That he comply with all reasonable directions of the Treatment Order Team in the preparation of the Drug and Alcohol Treatment Assessment; (g) That he submit to urinalysis and breath analysis when directed by the person supervising him. 2. That the Orders 3, 4, 5, 6, 7, 8 made on 26 February 2021 be vacated. 3. The Director-General of the Health Directorate, through Alcohol and Drug Services and Forensic Mental Health, and the Director-General of Justice and Community Safety, through ACT Corrective Services, prepare a drug and alcohol treatment assessment and submit it to the Court on or before 15 April 2021. 4. The proceedings be adjourned to 23 April 2021 at 2:30pm for sentence and that the sentence listing for 16 April 2021 be vacated. 5. The Crown be directed to file and serve its Sentencing Tender Bundle on or before 16 April 2021. 6. The accused be directed to file and serve a copy of any documents on which he proposes to rely, on or before 10:00am on 21 April 2021. 7. The Crown be directed to file and serve any written submissions on sentence on or before 21 April 2021. 8. The accused be directed to file and serve any written submissions on sentence on or before 1:00pm on 22 April 2021.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Drug and Alcohol Treatment Order – Suitability Assessment – Bail Application Pending Sentence – Bail granted – Bail conditions
Legislation Cited:	Bail Act 1991 (ACT) s 22 Crimes (Sentencing) Act 2005 (ACT) ss 12A, 27, 146J
Cases Cited:	R v Antonovic (Unreported, Supreme Court of the Australian Capital Territory, Gallop J, 1 December 1994) R v Antonovic [2016] ACTSC 774 R v Fraser & Jacobs (1892) 13 LR (NSW) 150 R V Kristiansen [2008] ACTSC 83; 221 FLR 127 R v Laipato (No 2) [2014] ACTSC 363 Simonds v The Queen [2013] ACTCA 13
Parties:	The Queen ( Crown) Zdravko Ako Antonovic ( Offender)
Representation:	Counsel M Dyason ( Crown) J De Bruin ( Offender)
Solicitors ACT Director of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Antonovic (No 1)

Details

AGLC: R v Antonovic (No 1) [2021] ACTSC 219
Case: [2021] ACTSC 219
Decision Date

CaseChat Overview and Summary

Zdravko Ako Antonovic has been charged with three counts of burglary, two counts of theft, and one count of damaging property, to which he has pleaded guilty. He has been referred to the Drug and Alcohol Sentencing List of the Supreme Court of the Australian Capital Territory, with an aim of seeking to have a Drug and Alcohol Treatment Order made in respect of him. Antonovic has now sought bail, pending sentence, which the Crown opposes. The legal issues before the court were whether Antonovic was likely to commit further offences while on bail and the likelihood of him being given a sentence of imprisonment. The court considered the evidence and submissions of both parties and found that Antonovic had a history of reoffending but had also made efforts to reform and create a satisfying and prosocial life. The court found that the benefits of granting bail outweighed the risks, and Antonovic was granted bail subject to strict conditions. The Director-General of the Health Directorate, through Alcohol and Drug Services and Forensic Mental Health, and the Director-General of Justice and Community Safety, through ACT Corrective Services, were directed to prepare a drug and alcohol treatment assessment and submit it to the court on or before 15 April 2021. The proceedings were adjourned to 23 April 2021 at 2:30pm for sentence.

The court granted Antonovic bail to appear at 2:30pm on 23 April 2021 on the following conditions: (a) That he not consume alcohol or illicit drugs; (b) That he reside at 45 Daintree Crescent, Kaleen; (c) That he not absent himself from his residence except in the company of his mother Stephanie Antonovic or Troy McColl except while actually attending counselling and complying with the requirements under condition (f); (d) That he report to the Officer-in-Charge of Belconnen Police Station every Tuesday and Friday between the hours of 9:00am and 5:00pm; (e) That he accept the supervision of the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person supervising him; (f) That he comply with all reasonable directions of the Treatment Order Team in the preparation of the Drug and Alcohol Treatment Assessment; and (g) That he submit to urinalysis and breath analysis when directed by the person supervising him. The court also vacated the Orders 3, 4, 5, 6, 7, and 8 made on 26 February 2021. The Crown was directed to file and serve its Sentencing Tender Bundle on or before 16 April 2021, and Antonovic was directed to file and serve a copy of any documents on which he proposes to rely on or before 10:00am on 21 April 2021. The Crown was directed to file and serve any written submissions on sentence on or before 21 April 2021, and Antonovic was directed to file and serve any written submissions on sentence on or before 1:00pm on 22 April 2021.

Orders