SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Klobucar (No 5) |
Citation: | [2016] ACTSC 383 |
Hearing Date: | 13 December 2016 |
DecisionDate: | 13 December 2016 |
Before: | Penfold J |
Decision: | Mr Klobucar is convicted of one offence of possessing a prohibited weapon and sentenced to five months imprisonment from 1 January 2014 until 31 May 2014. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty to one offence of possessing a prohibited weapon (nunchakus) – offender affected by mental impairment when offence detected – limited criminal history – sentence of imprisonment backdated to account for time spent in custody. |
Legislation Cited: | Prohibited Weapons Act 1996 (ACT), s 5 |
Cases Cited: | R v Klobucar (No 2) [2016] ACTSC 53 R v Klobucar(No 4) [2016] ACTSC 348 |
Parties: | The Queen (Crown) Danny Klobucar (Offender) |
Representation: | Counsel Mr M Fernandez with Ms A Jamieson-Williams (Crown) Mr J Purnell SC (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Sharman Robertson Lawyers (Offender) | |
File Number: | SCC 215 of 2014 |
The offence
Danny Klobucar has pleaded guilty to one offence of possessing a prohibited weapon contrary to s 5 of the Prohibited Weapons Act 1996 (ACT), which carries a maximum penalty including five years imprisonment. The Crown accepted that plea of guilty in full satisfaction of the two remaining charges, both of possession of a prohibited weapon, on an indictment dated 30 May 2016.
At Mr Klobucar’s trial for the murder of Miodrag Gajic on 1 January 2014, evidence was given of a search of Mr Klobucar’s car after he was arrested on the night of Mr Gajic’s death. A pair of nunchakus was found in the car. It is accepted that the nunchakus are a prohibited weapon, and there is evidence before me that Mr Klobucar was not authorised to possess them. He was charged with that possession, and a number of other offences, on 2 January 2014, and remanded in custody.
Mr Klobucar spent over two years in custody in relation to the murder charge before his trial on that charge finished with a verdict of not guilty by reason of mental impairment, and I ordered him to be detained in custody for immediate review by the ACT Civil and Administrative Tribunal (ACAT). Since that review, he has been under the jurisdiction of ACAT.
Evidence
Earlier this year, Mr Klobucar sought that proceedings for this charge and the other prohibited weapons charge be permanently stayed. I refused that application on 25 November 2016 (R v Klobucar(No 4) [2016] ACTSC 348). In the course of that decision, I noted that there was evidence on which to base a finding that the state of affairs aspect of the weapons offences was satisfied, specifically that the two weapons were in Mr Klobucar’s possession without authorisation. In that decision, I also concluded that there was no scope for mental impairment verdicts in relation to the two weapons charges, nor any suggestion…
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- R v Klobucar (No 5) [2016] ACTSC 383
- Case
- [2016] ACTSC 383
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CaseChat Overview and Summary
The court had to determine whether the principles of justice and fairness warranted a backdating of the sentence, considering the defendant's mental state at the time of the offence and his limited prior criminal conduct. The court balanced these factors against the need for the sentence to serve as a just punishment and deterrent, while also ensuring that the defendant's rights were protected. After considering the circumstances, the court decided that it was appropriate to backdate the sentence to reflect the time Mr. Klobucar had already spent in custody.
As a result of the court's decision, Mr. Klobucar was convicted of possessing a prohibited weapon and sentenced to five months imprisonment. The sentence was backdated to commence on 1 January 2014 and to expire on 31 May 2014, thereby accounting for the period he had already spent in custody.
Orders
Orders of the court
Mr Klobucar is convicted of one offence of possessing a prohibited weapon and sentenced to five months imprisonment from 1 January 2014 until 31 May 2014.
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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