1. Jeremy Subasic be convicted of obtaining property by deception and be sentenced to 2 months imprisonment commencing from 23 February 2022 and expiring on 22 April 2022.
2. Jeremy Subasic be convicted of dishonestly driving a motor vehicle without consent and be sentenced to 6 months imprisonment commencing from 23 March 2022 and expiring on 22 September 2022.
3. Jeremy Subasic be convicted of dishonestly driving a motor vehicle without consent and be sentenced to 6 months imprisonment commencing from 23 September 2022 and expiring on 22 March 2023.
4. Jeremy Subasic be convicted of dishonestly driving a motor vehicle without consent and be sentenced to 12 months imprisonment commencing from 23 March 2023 and expiring on 22 March 2024.
5. Jeremy Subasic be convicted of minor theft and be sentenced to 1 month imprisonment commencing from 23 March 2024 and expiring on 22 April 2024.
6. Jeremy Subasic be convicted of possessing a declared substance and be sentenced to 4 months imprisonment commencing from 23 March 2024 and expiring on 22 July 2024.
7. Jeremy Subasic be convicted of unlawful possession of stolen property and be sentenced to 3 months imprisonment commencing from 23 June 2024 and expiring on 22 September 2024.
8. Jeremy Subasic be convicted of unlawful possession of stolen property and be sentenced to 4 months imprisonment commencing from 23 July 2024 and expiring on 22 November 2024.
9. Jeremy Subasic be convicted of unlawful possession of stolen property and be sentenced to 4 months imprisonment commencing from 23 September 2024 and expiring on 22 January 2025.
10. Jeremy Subasic be convicted of possessing a prohibited drug for supply and be sentenced to 6 months imprisonment commencing from 23 November 2024 and expiring on 22 May 2025.
11. Jeremy Subasic be convicted of driving while disqualified and be sentenced to 3 months imprisonment commencing from 23 April 2025 and expiring on 22 July 2025. It be noted that this carries an automatic 12 month disqualification, and this commence today, 2 March 2022, to be concurrent with Jeremy Subasic’s current driving suspension.
12. Jeremy Subasic be convicted of failing to stop for police as a repeat offender and be sentenced to 6 months imprisonment commencing from 23 May 2025 and expiring on 22 November 2025. It be noted this carries an automatic 12 month disqualification, directed to be served concurrently with the disqualification in Order 11.
13. Jeremy Subasic be convicted of possessing a drug of dependence and be sentenced to 3 months imprisonment commencing from 23 October 2025 and expiring on 22 January 2026.
14. Jeremy Subasic be convicted of driving while unlicensed and be required to sign an undertaking to comply with the offender’s Good Behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for 6 months from today, 2…
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.
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Details
AGLC
R v Subasic [2022] ACTSC 380
Case
[2022] ACTSC 380
Decision Date
CaseChat Overview and Summary
This case concerns the sentencing of Jeremy Subasic for multiple criminal offences. The Supreme Court of the Australian Capital Territory was tasked with sentencing Subasic for 14 offences, including obtaining property by deception, dishonestly driving a motor vehicle without consent, minor theft, possessing a declared substance, unlawful possession of stolen property, possessing a prohibited drug for supply, driving while disqualified, failing to stop for police as a repeat offender, and possessing a drug of dependence. Subasic had committed these offences between September 2019 and July 2021. The Court considered the nature and circumstances of the offences, as well as Subasic's personal situation, including his history of drug use and criminal activity, in order to determine an appropriate sentence.
The Court found that Subasic's criminal conduct was serious and had a significant impact on the victims and the community. The Court also took into account the deterrent effect of the sentence, the need for reform, and the harm done to the victims. After considering all relevant factors, the Court imposed a sentence of imprisonment for each offence, with some sentences being partly or wholly concurrent. The total term of imprisonment was three years and 11 months.
In addition to the sentence of imprisonment, the Court made a Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) for a period of two years. The Treatment Order was made in respect of the primary offence of dishonestly driving a motor vehicle without consent and associated offences. The custodial part of the Drug and Alcohol Treatment Order for the primary and associated offences was suspended from 2 March 2022 until 22 January 2026. Subasic was also required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from the day after the end of the Drug and Alcohol Treatment Order until the end of the total sentence, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate for the period of the undertaking or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to urinalysis, counselling and treatment.