R v Cekic

[2016] SASCFC 26

Supreme Court of South Australia

(Court of Criminal Appeal)

R v CEKIC; R v CIANTAR; R v DETTMAN; R v NIEMANN; R v PAUNOVIC

[2016] SASCFC 26

Judgment of The Court of Criminal Appeal

(The Honourable Justice Vanstone, The Honourable Justice Kelly and The Honourable Acting Justice David)

22 March 2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS

Appeal against sentence - five appellants charged with aggravated causing serious harm with intent to cause serious harm and aggravated theft - appellants tried by Judge sitting without a jury - appellants convicted for the main charge and sentenced to various terms of imprisonment - whether Judge erred in application of sentencing principles - whether sentences imposed were manifestly excessive.

Held per Vanstone J (Kelly J and David AJ agreeing):  Appeal dismissed.  There were no errors in the Judge's approach.  The sentences imposed were not manifestly excessive.

Criminal Law Consolidation Act 1935 (SA) s 5AA(1)(ga)(i), s 23(1); Criminal Law (Sentencing) Act 1988 (SA) s 20B(1), s 20B(3)(a), s 20BA(1), referred to.
Kumar v The Queen [2013] VSCA 191; R v Burner [2015] SASCFC 133; R v Clancy [2013] SASCFC 63; R v De Simoni (1981) 147 CLR 383; R v Harkin (2011) 109 SASR 334; R v Koch [2015] SASCFC 31; R v McNamara (2009) 105 SASR 38; R v Perdikoyiannis [2011] SASCFC 82, considered.

R v CEKIC; R v CIANTAR; R v DETTMAN; R v NIEMANN; R v PAUNOVIC
[2016] SASCFC 26

Court of Criminal Appeal:   Vanstone, Kelly JJ and David AJ

1. VANSTONE J: After a trial before the Chief Justice sitting without a jury, Bozidar Cekic, Dean Richard Ciantar, Corey Matthew Dettman, Mostyn Carmelo Rex Niemann and Paul Paunovic were convicted for aggravated causing serious harm with intent to cause serious harm, contrary to s 23(1) of the Criminal Law Consolidation Act 1935 (SA). It was found proved that on 13 February 2013 the five men were part of a joint enterprise to attack Charles Bonnici, causing him serious harm. On 31 July 2015 the prisoners were sentenced to various terms. Each now appeals against his sentence. The maximum penalty for the offence is 25 years’ imprisonment.

   Background

2. At the time of the incident, the appellants and the victim were affiliated with the Finks motorcycle gang. Cekic, Dettman, Paunovic and the victim were members of the gang and Niemann and Ciantar were nominees. It was the prosecution case that the appellants formed a plan to attack the victim. On the day of the incident, the appellants arrived at the Finks’ north clubhouse ahead of the victim and waited for him to arrive. When he arrived, Cekic, Dettman and Paunovic entered the clubhouse with the victim. Niemann and Ciantar remained outside. The Judge found that Cekic,…