R v Jerkic, Ricky - [2017] NSWDC 317

District Court

New South Wales

Medium Neutral Citation: R v JERKIC, Ricky [2017] NSWDC 317
Hearing dates: 29 September 2017
Date of orders: 29 September 2017
Decision date: 29 September 2017
Jurisdiction: Criminal
Before: Judge S Norrish QC
Decision:
Full-time custodial sentence. For orders see [85]

Catchwords: CRIMINAL – SENTENCE – break, enter and steal property – Form 1 offences – taking and driving conveyance without the consent of the owner – dishonestly obtain advantage property by deception – offence committed whilst on parole – offences committed within private residences – limited planning – no force or threat against any victim – offences were not impulsive but opportunistic – consideration of the balance of parole to be served in the determination of non-parole period – offender to serve balance of sentence in Queensland following completion of non-parole period in NSW – 28 years old – lengthy criminal record in home state of Queensland – history of drug dependency – no finding of remorse – offender undertook a residential rehabilitation program while on parole – no mental health issues present – totality of sentencing – finding of special circumstances
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Attorney General’s Application (No 1) of 2002 (2002) 56 NSWLR 147
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
R v Hammoud [2000] NSWCCA 540
R v Harris [2007] NSWCCA 130
R v Henry and Ors (1999) 46 NSWLR 346
R v Thompson and Houlton (2000) 49 NSWLR 383
R v Todd (1982) 2 NSWLR 517
Regina v Ponfield [1999] NSWCCA 422
Category: Sentence
Parties: Regina (Crown)
Ricky Jerkic (Offender)
Representation: Solicitors:
Ms Gauld (DPP Solicitor)
Ms Williams (Legal Aid Solicitor)

File Number(s): 2016/001688612016/00169011
Publication restriction: Nil

SENTENCE

HIS HONOUR: The prisoner, Ricky Jerkic, appears today for sentence in relation to a number of offences. The first offences in time being committed on 29 May 2016 or thereabouts. The principal offence is an offence of breaking, entering and stealing property contrary to s 112(1)(a) of the Crimes Act 1900, which carries a maximum penalty of 14 years imprisonment. There is no standard non‑parole period.
There are two matters on a Form 1 attaching to that principal offence committed on 29 May 2016. Taking and driving a conveyance without the consent of the owner, which ordinarily if dealt with on indictment would carry a maximum penalty of five years imprisonment, and a second offence of dishonestly obtaining property by deception which, if dealt with on indictment, would carry a maximum penalty of ten years imprisonment. Although I would imagine these two matters on a Form 1 would have ordinarily in the course of matters, but for the principal offence, be dealt with in the Local Court.
The second group of offences were committed on 1 June 2016. They comprise two breaking, entering and stealings, one offence involving stealing property greater than a value of $60,000 and a second breaking, entering…

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 Jerkic, Ricky

Details

AGLC: R v Jerkic, Ricky [2017] NSWDC 317
Case: [2017] NSWDC 317
Decision Date: 29 September 2017

CaseChat Overview and Summary

The appellant, Ricky Jerkic, was found guilty of several serious criminal offences, including breaking and entering, theft, taking and driving a conveyance without consent, and obtaining property by deception. The case was heard and determined in the Supreme Court of Queensland. The central issue for the court was the appropriate sentence for Jerkic, given the nature and circumstances of the offences, his criminal history, and the need to balance the principles of deterrence, retribution, and rehabilitation.

The court considered several factors in determining the sentence, including the seriousness of the offences, the lack of planning and the opportunistic nature of the crimes, and the absence of any physical force or threats against the victims. The fact that Jerkic was on parole at the time of the offences and had a lengthy criminal history, particularly in his home state of Queensland, was also taken into account. Additionally, the court noted Jerkic's drug dependency and the lack of remorse shown, although it was acknowledged that he had undertaken a residential rehabilitation program while on parole. The court found that the offences warranted a full-time custodial sentence and determined that Jerkic would serve the balance of his sentence in Queensland after completing his non-parole period in New South Wales.

In arriving at the sentence, the court gave significant weight to the totality of Jerkic's offending, his criminal history, and the need to ensure public safety. The court found that special circumstances existed due to the nature of the offences and Jerkic's criminal background, which justified a longer custodial sentence. The final orders of the court mandated a full-time custodial sentence, with specific directions for the execution of the sentence as detailed in the judgment.

Orders

Orders of the court

Full-time custodial sentence. For orders see [85]

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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Medium Neutral Citation:	R v JERKIC, Ricky [2017] NSWDC 317
Hearing dates:	29 September 2017
Date of orders:	29 September 2017
Decision date:	29 September 2017
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Full-time custodial sentence. For orders see [85]
Catchwords:	CRIMINAL – SENTENCE – break, enter and steal property – Form 1 offences – taking and driving conveyance without the consent of the owner – dishonestly obtain advantage property by deception – offence committed whilst on parole – offences committed within private residences – limited planning – no force or threat against any victim – offences were not impulsive but opportunistic – consideration of the balance of parole to be served in the determination of non-parole period – offender to serve balance of sentence in Queensland following completion of non-parole period in NSW – 28 years old – lengthy criminal record in home state of Queensland – history of drug dependency – no finding of remorse – offender undertook a residential rehabilitation program while on parole – no mental health issues present – totality of sentencing – finding of special circumstances
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Attorney General’s Application (No 1) of 2002 (2002) 56 NSWLR 147 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 R v Hammoud [2000] NSWCCA 540 R v Harris [2007] NSWCCA 130 R v Henry and Ors (1999) 46 NSWLR 346 R v Thompson and Houlton (2000) 49 NSWLR 383 R v Todd (1982) 2 NSWLR 517 Regina v Ponfield [1999] NSWCCA 422
Category:	Sentence
Parties:	Regina (Crown) Ricky Jerkic (Offender)
Representation:	Solicitors: Ms Gauld (DPP Solicitor) Ms Williams (Legal Aid Solicitor)
File Number(s):	2016/001688612016/00169011
Publication restriction:	Nil