SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Antonovic (No 3) |
Citation: | [2021] ACTSC 338 |
Hearing Date: | 23 April 2021 |
DecisionDate: | 30 April 2021 |
Before: | Refshauge AJ |
Decision: | 1. Zdravko Ako Antonovic be convicted of burglary and be sentenced to 24 months imprisonment, to commence on 20 March 2021 and expire on 19 March 2023. 2. Zdravko Ako Antonovic be convicted of theft and be sentenced to 15 months imprisonment, to commence on 20 January 2022 and expire on 19 April 2023. 3. Zdravko Ako Antonovic be convicted of burglary and be sentenced to 24 months imprisonment, to commence on 20 April 2022 and expire on 19 April 2024. 4. Zdravko Ako Antonovic be convicted of theft and be sentenced to 12 months imprisonment, to commence on 20 April 2023 and expire on 19 April 2024. 5. Zdravko Ako Antonovic be convicted of burglary and be sentenced to 18 months imprisonment, to commence on 20 July 2023 and expire on 19 January 2025. 6. Zdravko Ako Antonovic be convicted of damaging property and be sentenced to 3 months imprisonment, to commence on 20 December 2024 and expire on 19 March 2025. 7. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made in respect of Zdravko Ako Antonovic for 24 months for the offence of burglary, the primary offence. 8. The Drug and Alcohol Treatment Order be extended to the associated offences of burglary, theft and damaging property. 9. The convictions for the primary offence and the associated offences and the respective sentences imposed be hereby incorporated as the Custodial Part of the Drug and Alcohol Treatment Order. 10. The total sentence of 48 months imprisonment be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT), from today, 30 April 2021, until 19 March 2025. 11. Zdravko Ako Antonovic be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT), from 29 April 2023 to 19 March 2025, with a probation condition that he be under the supervision of the Commissioner of the ACT Corrective Services, or his delegate, for that period or any lesser period that the person supervising him considers appropriate and obey all reasonable directions of the person supervising him. 12. For the treatment and supervision part of the Drug and Alcohol Treatment Order: a. The core conditions set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) be hereby imposed and Zdravko Ako Antonovic be required to comply with the terms of the Order for the term of the Order; b. Zdravko Ako Antonovic be directed to complete such case management and programs as may be required by the Treatment Order Team from time to time or by order of the Court, including as to counselling, urinalysis, medical treatment, education or such other treatment or programs as may be required from time to time by any… |
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- AGLC
- R v Antonovic (No 3) [2021] ACTSC 338
- Case
- [2021] ACTSC 338
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the appropriate weight to be given to the defendant's criminal history, the principles of sentencing for multiple offences, and the availability and appropriateness of rehabilitative sentencing options. The court considered the defendant's prior convictions and his apparent need for rehabilitation, particularly in relation to substance abuse issues, in determining an appropriate sentence.
In delivering the sentence, the court acknowledged the defendant's extensive criminal history and the seriousness of the offences. The court opted for a sentence that incorporated imprisonment terms that would run concurrently, with a total custodial period of 48 months. However, the court suspended the total sentence under s 80W of the Crimes (Sentencing) Act 2005 (ACT) for a period of three years, during which the defendant must comply with a Drug and Alcohol Treatment Order. The order includes mandatory treatment and supervision conditions and requires the defendant to comply with any further directions from the Treatment Order Team or the court. The court also imposed Good Behaviour Obligations for the defendant to adhere to during the supervision period.
The court made several orders including convictions and sentences for each offence, incorporation of the sentences into the Drug and Alcohol Treatment Order, suspension of the total sentence, and imposition of specific conditions under the Order. The defendant was also required to attend court on a specified date to ensure compliance with the Order.
Orders
Orders of the court
1. Zdravko Ako Antonovic be convicted of burglary and be sentenced to 24 months imprisonment, to commence on 20 March 2021 and expire on 19 March 2023.
2. Zdravko Ako Antonovic be convicted of theft and be sentenced to 15 months imprisonment, to commence on 20 January 2022 and expire on 19 April 2023.
3. Zdravko Ako Antonovic be convicted of burglary and be sentenced to 24 months imprisonment, to commence on 20 April 2022 and expire on 19 April 2024.
4. Zdravko Ako Antonovic be convicted of theft and be sentenced to 12 months imprisonment, to commence on 20 April 2023 and expire on 19 April 2024.
5. Zdravko Ako Antonovic be convicted of burglary and be sentenced to 18 months imprisonment, to commence on 20 July 2023 and expire on 19 January 2025.
6. Zdravko Ako Antonovic be convicted of damaging property and be sentenced to 3 months imprisonment, to commence on 20 December 2024 and expire on 19 March 2025.
7. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made in respect of Zdravko Ako Antonovic for 24 months for the offence of burglary, the primary offence.
8. The Drug and Alcohol Treatment Order be extended to the associated offences of burglary, theft and damaging property.
9. The convictions for the primary offence and the associated offences and the respective sentences imposed be hereby incorporated as the Custodial Part of the Drug and Alcohol Treatment Order.
10. The total sentence of 48 months imprisonment be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT), from today, 30 April 2021, until 19 March 2025.
11. Zdravko Ako Antonovic be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT), from 29 April 2023 to 19 March 2025, with a probation condition that he be under the supervision of the Commissioner of the ACT Corrective Services, or his delegate, for that period or any lesser period that the person supervising him considers appropriate and obey all reasonable directions of the person supervising him.
12. For the treatment and supervision part of the Drug and Alcohol Treatment Order:
a. The core conditions set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) be hereby imposed and Zdravko Ako Antonovic be required to comply with the terms of the Order for the term of the Order;
b. Zdravko Ako Antonovic be directed to complete such case management and programs as may be required by the Treatment Order Team from time to time or by order of the Court, including as to counselling, urinalysis, medical treatment, education or such other treatment or programs as may be required from time to time by any member of the Treatment Order Team or as directed by the Court; and
c. Zdravko Ako Antonovic be directed to comply with any directions that the Court may make from time to time about attendance at Court in person or by electronic means.
13. Zdravko Ako Antonovic be directed to attend Court on Friday 7 May 2021 at 11:00 am.
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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