R v Svetina

Case [2011] VSC 392


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

SCR 2011 0061

THE QUEEN
v
ZLATKO SVETINA

---

JUDGE:

NETTLE JA

WHERE HELD:

Melbourne

DATES OF HEARING:

20–23, 27-30 June, 11 August 2011

DATE OF SENTENCE:

22 August 2011

CASE MAY BE CITED AS:

R v Svetina

MEDIUM NEUTRAL CITATION:

[2011] VSC 392

---

REASONS FOR SENTENCE

CRIMINAL LAW – Sentence – Defensive homicide – Attack on offender’s elderly father – Context of family dispute – Genuine remorse – Sentence of 11 years with a non-parole period of 7 years

---

APPEARANCES:

Counsel Solicitors
For the Crown Mr P Rose SC
Mr B L Sonnet
Mr C Hyland, Solicitor for Public Prosecutions
For the Accused Mr T Walsh Gleesons

HIS HONOUR:

  1. Zlatko Svetina, you have been convicted of the defensive homicide of your father, Tomislav Svetina, and it is for me to sentence you.

The facts

  1. At the time of your father’s death, he was 74 years of age and not particularly well.  He had suffered from bowel cancer in the past and had been injured as the result of a major motor accident.  He had ischaemic heart disease and acute gout and he was afflicted with a tremor which to some extent was controlled by medication but left him unable to undo or open things unassisted.

  1. He was born in Croatia, where he met and married your mother, Zdenka Svetina, in 1956.  You, their first-born child, were born in 1957.  Your brother, Zdenko (also known as John) was born in 1962.  In 1971, the family moved to Australia.  Your father had qualified in Croatia as an electrical fitter and he continued to work full time in that capacity in Melbourne until partial retirement at the age of 55.  Thereafter, he occupied his time with investing in shares, which was not particularly successful, handyman-type electrical work and one-off small scale switchboard construction projects.  Your mother and father separated in December 2009 after a breakdown in their relationship that had begun to develop following your father’s partial retirement. As your mother said in evidence, being together all the time was just too much.

  1. In December 2009, you were 52 years of age and divorced with two children of your own and a stepchild from the marriage.  When your marriage broke down in 1995, your mother paid out your ex-wife’s share of the marital property and thereby enabled you to continue to live in your former marital home at 32 Beard Street, Doncaster.  That property was then signed over into your parents’ names, in part to provide them with security for the moneys advanced to pay out your ex-wife, and in part to prevent further claims being made against it.

  1. Your parents also owned a house at 12 Amelia Crescent, Doncaster.  At some point, you moved out of the Beard Street home, which was sold, and took up residence at the 12 Amelia Crescent house.  At that time, half the sale proceeds of the Beard Street home went to…

Continue reading R v Svetina

Sign in free to access the full text

Details
AGLC
R v Svetina [2011] VSC 392
Case
[2011] VSC 392
Decision Date

CaseChat Overview and Summary

The case of R v Svetina was heard before the Court of Appeal, where the defendant appealed against his conviction and sentence for the murder of his father. Svetina, the appellant, had pleaded guilty to the manslaughter of his elderly father, who was attacked during a family dispute. The appellant raised several grounds for appeal, primarily focused on the length and appropriateness of his sentence. The court was required to determine whether the sentence imposed was excessive, whether it adequately reflected the circumstances of the case, and if there were any errors in the sentencing process.

The court considered the nature of the offence, which was a defensive homicide occurring in the context of a family dispute. It examined the appellant's state of mind, including his genuine remorse and the impact of the family dispute on his actions. The court also weighed the principle of proportionality in sentencing and whether the sentence imposed was commensurate with the offence and the mitigating factors present. Additionally, the court assessed whether there were any procedural errors in the sentencing process that warranted a reduction in sentence.

In delivering the judgment, the Court of Appeal found that while the appellant's actions were serious, the sentence of 11 years with a non-parole period of 7 years was appropriate given the context of the offence and the mitigating factors. The court acknowledged the genuine remorse expressed by the appellant and the challenging circumstances of the family dispute. The appeal was dismissed, and the original sentence was upheld. The court determined that the sentence was proportionate to the offence and did not contain any procedural errors.

The final orders of the court were that the appeal against sentence was dismissed, and the original sentence of 11 years imprisonment with a non-parole period of 7 years was affirmed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.