District Court
New South Wales
Medium Neutral Citation: R v Maricic; R v Derbas [2022] NSWDC 16 Hearing dates: 7-8 February 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 153 – 155; 160 - 161
Catchwords: CRIMINAL LAW - sentencing - joint criminal enterprise - sentencing of co-offenders - aggravated kidnapping offence - aggravated entry offence - culpability of each co-offender - application of parity principle - whether sentence of imprisonment for one co-offender appropriate to be served by an Intensive Correction Order
Legislation Cited: Crimes Act 1900 (NSW) ss 86, 111, 316
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 17D, 21A, 66, 68
Cases Cited: BajourivR [2009] NSWCCA 125
Barlow v The Queen (2008) 184 A Crim R 187
Mandranis v The Queen (2021) 289 A Crim R 260
Quinn v Commonwealth Director of Public Prosecutions [2021] NSWCCA 294
RvAnforth [2003] NSWCCA 222
RvFlentjar [2008] NSWSC 771
R vPullen (2018) 275 A Crim R 509
RvSpeechley (2012) A Crim R 175
RvVL [2005] NSWCCA 301
Texts Cited: Nil
Category: Sentence Parties: Director of Public Prosecutions (NSW)
Mr A Maricic (offender)
Mr A Derbas (offender)Representation: Counsel:
Solicitors:
Mr L Sampson (Solicitor) for the Director of Public Prosecutions
Mr D Pace for Mr Maricic (offender)
Mr A Djemal for Mr Derbas (offender)
Legal Aid NSW for Mr Maricic (offender)
Korn Tlais Defence Lawyers for Mr Derbas (offender)
File Number(s): 2020/00324124
2020/00348016Publication restriction: Nil
SENTENCING REMARKS
BACKGROUND
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Alexander Milan Maricic (‘Maricic’) and Abdul Derbas (‘Derbas’) are before the Court as co-offenders after each pleaded guilty to the offence, occurring on 2 November 2020, of detaining Mr Ivor Sebastian (the victim) without his consent and with the intent of obtaining an advantage (money and other property) contrary to s 86(2)(a) of the Crimes Act1900 (NSW) (‘the detention offence’). Mr Maricic also pleaded guilty to the separate offence of entering into a dwelling-house (at Lewisham) with the intent to commit the serious indictable offence of larceny of property belonging to the victim and Ms Veronica Greech, whilst being in company (being each other) (the ‘entry offence’) contrary to s 111(2) of the Crimes Act 1900 (NSW) (‘Crimes Act’).
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The detention offence (when, as here, aggravated) carries a maximum penalty of 20 years’ imprisonment. The entry offence (when, as here, aggravated) carries a maximum penalty of 14 years’ imprisonment. There is no standard non-parole period for either offence.
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In the case of Derbas, but not Maricic (to whom he pleaded guilty as a primary offence in itself), through his Counsel, he asked the Court to take into account, as an offence on a Form 1, the offence of aggravated entry into a dwelling with intent to steal, at…
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- AGLC
- R v Maricic; R v Derbas [2022] NSWDC 16
- Case
- [2022] NSWDC 16
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles relevant to co-offenders, particularly the need to consider the culpability of each offender in relation to the others. The court also considered whether the sentence of imprisonment for one of the respondents could appropriately be served by an Intensive Correction Order. The respondents argued that the sentences were excessive and did not reflect their individual roles in the crime. The prosecution maintained that the sentences were just and reflected the gravity of the offences.
The court found that while both respondents were culpable, their levels of involvement were different, with one being more directly involved in the planning and execution of the crime. The court concluded that the sentences were appropriate given the nature and circumstances of the offences. The court also found that the parity principle did not require the sentences to be identical, as the differences in culpability warranted different sentences. The sentences were upheld, but with modifications to ensure the sentences reflected the differing levels of culpability.
The final orders of the court were to affirm the sentences of the respondents with some modifications. Maricic's sentence was affirmed with a requirement to serve a portion of his sentence under an Intensive Correction Order. Derbas's sentence was also affirmed, with no changes. The court directed that the sentences be served concurrently and provided detailed reasons for the modifications and affirmations.
Orders
Orders of the court
See paragraph 153 – 155; 160 - 161
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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