District Court
New South Wales
Medium Neutral Citation: R v Kitanovski [2022] NSWDC 600 Hearing dates: 20 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [76 - 78]
Catchwords: CRIME — Public justice offences — Do an act with intent to pervert course of justice
Legislation Cited: Crimes Act 1914 (Cth)
Crimes Act 1958 (VIC)
Crimes (Sentencing Proceedings) ACT 1999 (NSW)Cases Cited: Bugmy v The Queen (2013) 249 CLR 571
Mandranis v The Queen [2021] NSWCCA 97
Pantazis v The Queen [2012] VSCA 160
Perrin v R [2021] NSWDC 408
R v Qutami (2001) 127 A Crim R 369
Totaan v R [2002] NSWCCA 75
Wany v DPP [2020] NSWCA 318
Worboyes v The Queen [2021 VSCA 169Category: Sentence Parties: Rex (Crown)
Kitanovski (Offender)Representation: McCraith for the NSW Director of Public Prosecutions
Barrack for the Offender
File Number(s): 2021/00319384 Publication restriction: Unrestricted
REASONS ON SENTENCE
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Jovanco Kitanovski (“the offender”) appears for sentence in respect of one charge under section 43(1) of the Crimes Act 1914 (CtH), (“the Act”), that he did between about 9 November 2021 and 10 November 2021 attempt to obstruct, prevent, pervert or defeat the course of justice of the Commonwealth. The maximum sentence is 10 years imprisonment.
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I take the maximum sentence into account as a legislative guidepost, reflecting the legislature’s view of the seriousness of the offending so as to assist in arriving at the appropriate sentence.
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The offender was born on 9 January 1975 and so is now 47 years old. At the time of the offending he was 46 years of age.
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The offender was arrested on 10 November 2021 and has been in custody since that date. As at the date of this sentence he has therefore spent 11 months and 16 days in custody. The offender was on no form of conditional liberty at the time of the offending. The period in custody is wholly attributable to the offending being sentenced.
FACTS
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The agreed statement of facts which forms part of the Crown bundle which became exhibit A is particularly detailed. Without any way minimising the seriousness of the offending the essential aspects of the facts are as follows.
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What the offender actually did was to attempt to assist a man named Mostafa Baluch (Baluch) flee the State of New South Wales so that Baluch could evade criminal proceedings that had commenced against him. He did this by driving a truck which was carrying a shipping container inside of which was a Mercedes motor vehicle inside of which was Baluch. The truck was stopped at Bilinga in Queensland and Baluch was apprehended, arrested on outstanding warrants and extradited to New South Wales. The offender was permitted to drive back to New South Wales where he was then arrested.
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On 9 November at 9:15 AM the offender drove in a Mercedes to a hotel at Greenacre. He then departed that location with Baluch and they went…
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- AGLC
- R v Kitanovski [2022] NSWDC 600
- Case
- [2022] NSWDC 600
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether Kitanovski's actions met the legal threshold for the offence of perverting the course of justice. This required examining the intent behind the actions and whether they had a direct impact on the legal process. The court needed to assess the nature of the interference and whether it was substantial enough to constitute an offence under the relevant statute. Additionally, the court had to consider the defence's argument that the actions were not intended to pervert the course of justice and did not have the effect of doing so.
In delivering the judgment, the court found that Kitanovski's actions were indeed intentional and had the potential to influence the outcome of the legal proceeding. The court held that the interference with the evidence and the witness amounted to an act done with the intent to pervert the course of justice. The defence's argument that the actions did not result in any actual perversion of justice was rejected as the court focused on the intent behind the actions rather than the outcome. The court concluded that the evidence supported a finding of guilt on the charge of perverting the course of justice.
The court ordered that Kitanovski be sentenced for the offence, with specific details of the sentence provided in the judgment. The court emphasised the seriousness of the offence and the importance of upholding the integrity of the legal process. The final orders reflected the court's determination that Kitanovski's actions warranted a conviction and appropriate punishment.
Orders
Orders of the court
See [76 - 78]
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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