R v Dusan Maric - [2009] NSWSC 346

CITATION: R v Dusan MARIC [2009] NSWSC 346

HEARING DATE(S): 30 March 2009

JUDGMENT DATE :
1 May 2009

JUDGMENT OF: Harrison J

DECISION: Term of imprisonment consisting of a non-parole period of 5 years commencing on 2 November 2007 and expiring on 1 November 2012, with a balance of term of 2 years and 6 months commencing on 2 November 2012 and expiring on 1 May 2015. The earliest date of eligibility for parole is specified as 1 November 2012.

CATCHWORDS: CRIMINAL LAW – manslaughter – Crimes Act 1900 s 23A - substantial impairment by abnormality of mind arising from an underlying condition – severe depression resulting in offender's morbid appraisal of circumstances and impairment in problem solving and capacity to consider alternative courses of action - impaired ability to control himself at the time of the alleged offence - plea of guilty - sentence – prior good character - no likelihood of reoffending and no suggestion of future dangerousness – evident contrition and remorse

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CATEGORY: Sentence

CASES CITED: R v Blacklidge (Court of Criminal Appeal, 12 December 1995, unreported)
R v Bollen (1998) 99 A Crim R 510
R v Dawes [2004] NSWCCA 363
R v Engert (1995) 84 A Crim R 67
R v Low (1991) 57 A Crim R 8
R v Previtera (1997) 94 A Crim R 76
R v Privett [1999] NSWSC 1076
R v Thomson & Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
R v Trotter (1993) 35 NSWLR 428
R v Wright (1997) 93 A Crim R 48

PARTIES: The Crown
Dusan Maric (Offender)

FILE NUMBER(S): SC SC 2008/12536

COUNSEL: T W Thorpe (Crown)
A M Webb (Offender)

SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions (Crown)
S O'Connor, Solicitor for Legal Aid Commission of New South Wales (Offender)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

HARRISON J

1 May 2009

2008/12536 R v Dusan MARIC
SENTENCE

1 HIS HONOUR: The offender was indicted for the murder of Zoran Vujinovic ("the deceased") at Round Corner, Dural on 2 November 2007. His plea of guilty to manslaughter entered on 19 March 2009 was accepted by the Crown in discharge of that indictment on the basis of medical evidence that established that his capacity to control himself was substantially impaired by an abnormality of mind arising from an underlying condition attracting the operation of s 23A of the Crimes Act 1900.

2 The offender and the deceased were both members of the Serbian community and had first met in about 1995 when the offender came to Australia. The deceased had come to Australia from Croatia with his mother on 9 February 1994. The offender attended Chester Hill High School and the deceased went to a school nearby. They subsequently lost contact until about two and a half years prior to the death of the deceased when their acquaintanceship was renewed. The deceased was concerned at that time in the…

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 Dusan Maric

Details

AGLC: R v Dusan Maric [2009] NSWSC 346
Case: [2009] NSWSC 346
Decision Date: 1 May 2009

CaseChat Overview and Summary

Dusan Maric was charged with manslaughter following a fatal incident. The defendant pleaded guilty to the charge, acknowledging that he had unlawfully killed the deceased while suffering from substantial impairment by abnormality of mind, as defined under section 23A of the Crimes Act 1900. The central issue before the court was whether Maric's severe depression constituted an abnormality of mind that substantially impaired his ability to control himself at the time of the offence. Given the plea of guilty, the court focused on the appropriate sentence, taking into account Maric's prior good character, the absence of any likelihood of reoffending, and his evident contrition and remorse.

The court considered the nature and severity of Maric's depression, which had a profound impact on his appraisal of circumstances and problem-solving abilities. Medical evidence was presented to demonstrate that Maric's depression led to a morbid perception of events and a significant impairment in his capacity to consider alternative courses of action. The court found that the defendant's mental condition met the criteria for abnormality of mind under section 23A, resulting in a substantial impairment at the time of the offence. The court also noted the absence of any suggestion of future dangerousness and the defendant's clear expression of remorse.

After weighing the mitigating factors, including Maric's good character and the absence of any risk of reoffending, the court determined an appropriate sentence. The judge acknowledged the severity of the offence but recognised the mitigating circumstances. The final sentence reflected the court's consideration of Maric's mental health, his evident contrition, and the lack of any risk to the community.

Orders