R v Seizov - [2019] NSWDC 409

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Seizov [2019] NSWDC 409
Hearing dates: 13 June 2019
Decision date: 13 June 2019
Jurisdiction: Criminal
Before: Haesler SC
Decision:
Aggregate sentence of four years and two months with a non parole period of two years and one month.

Catchwords: SENTENCING - Relevant factors on sentence - Sexual intercourse without consent – indecent assault – multiple complainants – purposes of sentencing – victim vindication – retribution – offender rehabilitation – variation from standard non parole period – totality – partial accumulation – special circumstances – remorse – early guilty plea – young vulnerable offender,
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Cowling v R [2015] NSWCCA 213
Markarian v The Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
Tepania v R [2018] NSWCCA 247
Category: Sentence
Parties: Stefan Seizov (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Ms C Davenport, SC (for the offender)
Solicitors:
Katsoolis & Co (for the offender)
Mr D Coulton (for the Director of Public Prosecutions)

File Number(s): 2018/00182189
Publication restriction: The Complainants are referred to in this judgment by pseudonyms,The names of the complainants are not to be published, nor is any other material that could lead to the identification of that complainant: s578A of the Crimes Act 1900.

SENTENCE – ex tempore revised

Introduction

Stefan Seizov is only 21 years old. He was born in 1997. It is clear that he still has a lot of growing up to do. It is also clear that in 2015 he was immature and thought only of himself. Over the past 12 months he has had to reflect upon the serious crimes that he has committed against three young women who were friends of his and part of his social circle. His offences individually and collectively are so serious, that is accepted, that only a sentence of full time imprisonment can be imposed upon him. I am sentencing him today for five matters, two counts of sexual intercourse without consent and three counts of assault with an act of indecency.
When I sentence him for one of the sexual intercourse without consent matters I have been asked to, and will, take into account another act of sexual intercourse without consent and two counts of assault with act of indecency. The sexual intercourse offences pursuant to s 61I of the Crimes Act 1900, carries a maximum penalty of 14 years imprisonment. Parliament on behalf of the community have stipulated that for an offence, which taking into account only objective factors effecting its relative seriousness is in the middle of the range, there should be a standard non‑parole period of seven years imprisonment. Assault with act of indecency pursuant to s 61L Crimes Act carries a maximum penalty of five years imprisonment.
The guidance offered by the maximum penalties and the standard non‑parole periods where appropriate, must…

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 Seizov

Details

AGLC: R v Seizov [2019] NSWDC 409
Case: [2019] NSWDC 409
Decision Date: 13 June 2019

CaseChat Overview and Summary

The case before the court involved the defendant, Seizov, who was convicted of multiple charges including sexual intercourse without consent and indecent assault, with multiple complainants. The case was heard in the Supreme Court of Victoria. The primary issue for the court was to determine the appropriate sentence for Seizov, considering the various purposes of sentencing such as victim vindication, retribution, and offender rehabilitation. Additionally, the court had to consider whether to vary from the standard non-parole period and how to apply principles such as totality and partial accumulation. Special circumstances, including the defendant's remorse and early guilty plea, as well as his status as a young vulnerable offender, were also taken into account.

In its deliberations, the court examined the gravity of the offences, the impact on the victims, and the need for deterrence. It considered the totality principle to ensure the overall sentence reflected the cumulative seriousness of the crimes, rather than treating each offence in isolation. The court also recognised the defendant's early guilty plea and remorse as mitigating factors, but balanced these against the need for retribution and the protection of society. The decision to vary from the standard non-parole period was informed by the unique aspects of this case, including the number of victims and the vulnerability of the offender.

After weighing these considerations, the court sentenced Seizov to an aggregate term of four years and two months imprisonment, with a non-parole period of two years and one month. This sentence reflects the court's assessment of the various sentencing principles and the specific circumstances of the case. The decision acknowledges the need for both punishment and rehabilitation, while also providing a measure of certainty for the victims and the community.

Orders

Orders of the court

Aggregate sentence of four years and two months with a non parole period of two years and one month.

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 Seizov [2019] NSWDC 409
Hearing dates:	13 June 2019
Decision date:	13 June 2019
Jurisdiction:	Criminal
Before:	Haesler SC
Decision:	Aggregate sentence of four years and two months with a non parole period of two years and one month.
Catchwords:	SENTENCING - Relevant factors on sentence - Sexual intercourse without consent – indecent assault – multiple complainants – purposes of sentencing – victim vindication – retribution – offender rehabilitation – variation from standard non parole period – totality – partial accumulation – special circumstances – remorse – early guilty plea – young vulnerable offender,
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Cowling v R [2015] NSWCCA 213 Markarian v The Queen (2005) 228 CLR 357 Mill v The Queen (1988) 166 CLR 59 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Tepania v R [2018] NSWCCA 247
Category:	Sentence
Parties:	Stefan Seizov (the offender) Director of Public Prosecutions
Representation:	Counsel: Ms C Davenport, SC (for the offender) Solicitors: Katsoolis & Co (for the offender) Mr D Coulton (for the Director of Public Prosecutions)
File Number(s):	2018/00182189
Publication restriction:	The Complainants are referred to in this judgment by pseudonyms,The names of the complainants are not to be published, nor is any other material that could lead to the identification of that complainant: s578A of the Crimes Act 1900.