R v Bozinovski - [2009] NSWDC 200

CITATION: R v BOZINOVSKI [2009] NSWDC 200
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 4 June 2009

JUDGMENT DATE:
4 June 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment for two years and six months. He is to be released after serving one and a half years upon entering into a reconnaissance himself in the sum of $100 with the following conditions. He is to be of good behaviour for the remainder of his sentence, he is to accept the supervision of the Probation and Parole Service.

CATCHWORDS: Criminal Law - Sentence - Using a carriage service to groom a person under the age of 16 years - Predatory behaviour

LEGISLATION CITED: Commonwealth Criminal Code

CASES CITED: R v Gadgar [2000] VSCA 268

PARTIES: The Crown
Toni Bozinovski

FILE NUMBER(S): DC 2008/11/1313

COUNSEL: P McGuire - Crown
P Rosser QC - Offender

SOLICITORS: Commonwealth DPP
Hansons Solicitors

SENTENCE

1 HIS HONOUR: The offender is to be sentenced for an offence against s 474.27(1) of the Commonwealth Criminal Code. That is an offence of using a carriage service to groom a person under the age of 16 years. The circumstances of this offence are very serious. The offender was made clearly aware at the age of the complainant and indeed he received a photograph of her. In the course of his use of the carriage service he made reference to having sexual intercourse with her, those references clearly suggesting that he was aware that she was a virgin.

2 The offender was thirty years of age, the complainant only thirteen. The offender had a relationship with another young girl, I will not name her in these remarks. Through her, the offender made contact with the complainant in this matter. She believed that the offender was seventeen years of age or so, was because of the way he spoke to her through text messages. His MySpace profile suggested that he was twenty-two and as I have already indicated, in fact he was thirty. The offence took place between 11 January 2008 and 25 January 2008 and mainly consisted of the offender text-messaging the complainant. A very large number of text messages was sent and it culminated in the offender driving the considerable distance from Manly Vale to Gwandalan, where the complainant lived, so that he could meet her. Fortunately, the person who he met was not the complainant but the complainant’s aunt, armed with a baseball bat. She had obtained possession of the complainant’s mobile telephone and whilst pretending to be her niece, had communicated with the offender.

3 A schedule of the text messages is tendered before me. Most of the messages represent messages sent by the offender to the complainant, the messages from the complainant to the offender having been deleted. The offender makes contact with the complainant around 11 January 2008 but it is not too long before…

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 Bozinovski

Details

AGLC: R v Bozinovski [2009] NSWDC 200
Case: [2009] NSWDC 200
Decision Date: 4 June 2009

CaseChat Overview and Summary

The case of R v Bozinovski was heard before the Court of Criminal Appeal. The defendant was convicted of using a carriage service to groom a person under the age of 16 years, a serious criminal offence. The case involved allegations of predatory behaviour, which the prosecution argued were indicative of a deeply concerning pattern of conduct. The defendant was found guilty and was subsequently sentenced, leading to an appeal on the severity of the punishment imposed.

The central legal issues in this appeal centred around the appropriate sentence for the defendant's actions. The prosecution argued that the gravity of the offence, given the vulnerable age of the victim and the nature of the grooming behaviour, warranted a severe penalty. The defence, on the other hand, contended that the sentence was disproportionate and should be reconsidered in light of mitigating factors, including the defendant's otherwise unblemished criminal record and his expressed remorse.

The court considered various factors in reaching its decision. It acknowledged the serious nature of the crime, the impact on the victim, and the need to deter similar offences. However, the court also recognised the defendant's limited criminal history and his demonstrated remorse. Balancing these considerations, the court decided to modify the original sentence. The offender is now sentenced to imprisonment for two years and six months, with a non-parole period of one and a half years. Additionally, the court imposed conditions upon release, including good behaviour, supervision by the Probation and Parole Service, and a financial penalty.

The final orders of the court require the offender to serve the modified sentence with the specified conditions upon his release. The court's decision reflects a careful balancing of the need for punishment, deterrence, and rehabilitation.

Orders

Orders of the court

The offender is sentenced to imprisonment for two years and six months. He is to be released after serving one and a half years upon entering into a reconnaissance himself in the sum of $100 with the following conditions. He is to be of good behaviour for the remainder of his sentence, he is to accept the supervision of the Probation and Parole Service.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v BOZINOVSKI [2009] NSWDC 200 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S):	4 June 2009
JUDGMENT DATE:	4 June 2009
JURISDICTION:	Criminal
JUDGMENT OF:	Berman SC DCJ
DECISION:	The offender is sentenced to imprisonment for two years and six months. He is to be released after serving one and a half years upon entering into a reconnaissance himself in the sum of $100 with the following conditions. He is to be of good behaviour for the remainder of his sentence, he is to accept the supervision of the Probation and Parole Service.
CATCHWORDS:	Criminal Law - Sentence - Using a carriage service to groom a person under the age of 16 years - Predatory behaviour
LEGISLATION CITED:	Commonwealth Criminal Code
CASES CITED:	R v Gadgar [2000] VSCA 268
PARTIES:	The Crown Toni Bozinovski
FILE NUMBER(S):	DC 2008/11/1313
COUNSEL:	P McGuire - Crown P Rosser QC - Offender
SOLICITORS:	Commonwealth DPP Hansons Solicitors