R v Jankovic

Case

[2019] NSWDC 186

06 May 2019


Details
AGLC Case Decision Date
R v Jankovic [2019] NSWDC 186 [2019] NSWDC 186 06 May 2019

CaseChat Overview and Summary

The case of R v Jankovic was heard in the Supreme Court of Queensland. The appellant, Jankovic, had been convicted of breaching an Apprehended Violence Order (AVO) and of unlawful arrest. He sought an appeal on the basis of a question of law concerning the sufficiency of the evidence for his conviction. Jankovic argued that the evidence was insufficient to establish his guilt beyond reasonable doubt, and that the lower court had erred in its application of the law regarding the interpretation of the AVO and the circumstances under which the arrest was deemed unlawful.

The legal issues before the court were whether the evidence was adequate to support the conviction for the breach of AVO, and whether the evidence was sufficient to prove the unlawful arrest. The court had to consider whether the lower court correctly applied the legal standards in assessing the sufficiency of the evidence, and whether there were any errors in the interpretation of the law regarding AVOs and the legality of the arrest. The court also needed to determine if the appeal was properly brought and if the question of law was significant enough to warrant a stated case.

The court found that the evidence presented was sufficient for the jury to conclude that Jankovic had indeed breached the AVO and had carried out an unlawful arrest. The court held that the lower court had correctly applied the relevant legal principles in assessing the sufficiency of the evidence, and that there were no errors in the application of the law. The court determined that the appeal was not properly brought as it did not meet the criteria for a stated case, and that the question of law raised was not significant enough to warrant further examination. Consequently, the application was refused.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Breach of AVO

  • Unlawful Arrest

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

8

Fowler v The Queen [2001] WASCA 130
Atholwood v The Queen [1999] WASCA 256