R v Urlich - [2018] ACTSC 345

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Urlich
Citation:	[2018] ACTSC 345
Hearing Date:	22 August 2018
DecisionDate:	4 October 2018
Before:	Burns J
Decision:	See [35]-[37]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – manslaughter – improperly interfering with a dead human body – no evidence that untreated psychotic illness or substance use disorder contributed to the commission of these offences – moral culpability – did not enter a plea of guilty to charge of manslaughter – made significant admissions – prospects for rehabilitation – protection of the public – objective seriousness – sentences of imprisonment imposed
Legislation Cited:	Crimes Act 1900 (ACT) s 48
Cases Cited:	Nguyen v The Queen [2016] HCA 17; 256 CLR 656 R v Collins [2004] ACTSC 73 R v England (Unreported, Supreme Court of the Australian Capital Territory, Chief Justice Miles, 26 April 2001) R v Navin [2016] ACTSC 109
Parties:	The Crown (Crown) Milan Urlich (Offender)
Representation:	Counsel Ms R Christensen (Crown) Mr J Lawton (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender)
File Number:	SCC 204 of 2016

BURNS J:

Milan Urlich, on 15 June 2018, after a 13-day trial, a jury acquitted you of the murder of Andrew Carville but found you guilty of his manslaughter. The death of the deceased occurred at his residence in Evatt late on the evening of 4 November 2015. You have also entered a plea to a charge of improperly interfering with a dead human body, contrary to s 48 of the Crimes Act 1900 (ACT). The bench sheet from the Magistrates Court indicates that that charge was committed for trial to this Court, but it is, in fact, a summary offence. It is a charge which should have been transferred as a related charge, and I will deal with it as such. It is now my duty to sentence you with regard to these offences.

The offence of manslaughter carries a maximum penalty of 20 years' imprisonment. It has been described as the most protean of offences in the case of Nguyen v The Queen [2016] HCA 17; 256 CLR 656 at [34]. Because of the many forms that the offence may take, varying from a death caused by negligence up to something bordering upon murder, a wide range of sentences may be imposed with regard to individual offences of manslaughter. Every offence of manslaughter involves the death of a human being, so that to a great extent the objective gravity of the individual offence depends not upon the consequence of the offence but upon the particulars of the offence and the moral culpability of the offender. Whilst the objective gravity of the offence may vary greatly from case to case it is always a serious offence because it involves the taking of a human life. The offence of improperly interfering with a dead human body, I note, carries a maximum penalty of two years'…

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 Urlich

Details

AGLC: R v Urlich [2018] ACTSC 345
Case: [2018] ACTSC 345
Decision Date: 4 October 2018

CaseChat Overview and Summary

The case of R v Urlich involved the defendant, Urlich, who faced charges related to manslaughter and improperly interfering with a dead human body. The matter was heard in a court that has jurisdiction over criminal matters. Urlich's case raised significant legal issues regarding the determination of his sentence, particularly in light of his admissions and the absence of a plea of guilty to the manslaughter charge. The court had to consider his moral culpability, the presence or absence of contributing factors such as untreated psychotic illness or substance use disorder, and his prospects for rehabilitation. The overarching objective was to balance the protection of the public with an assessment of the objective seriousness of the offences committed.

The legal issues before the court included whether Urlich's mental health or substance use disorder played a role in the commission of the offences, and if so, how this would impact the sentence. The court also had to determine the extent to which Urlich's admissions and lack of a guilty plea to the manslaughter charge should influence the sentencing. Furthermore, the court needed to weigh the objective seriousness of the crimes against Urlich's rehabilitation potential and the need to protect the public. The decision hinged on these complex considerations, as the court sought to arrive at an appropriate sentence that reflected the gravity of the offences.

In reaching its decision, the court meticulously evaluated the evidence and arguments presented. It found that there was no evidence to suggest that Urlich's untreated psychotic illness or substance use disorder contributed to the commission of the offences. The court assessed Urlich's moral culpability, his significant admissions, and his prospects for rehabilitation. It also considered the need to protect the public and the objective seriousness of the crimes. Based on these factors, the court imposed sentences of imprisonment, as detailed in paragraphs 35 to 37 of the judgment. This decision underscored the court's duty to deliver a sentence that appropriately balances the various considerations inherent in criminal sentencing.

Orders

Orders of the court

See [35]-[37]

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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