R v Zdravkovic

[2017] ACTSC 70

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Zdravkovic

Citation:

[2017] ACTSC 70

Hearing Dates:

20 February 2017; 1 March 2017

DecisionDate:

23 March 2017

Before:

Penfold J

Decision:

See [42]-[44] below

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated burglary – assault occasioning actual bodily harm – act of retribution, response to provocation or gratuitous attack – gratuitous attack and importance of general deterrence and denunciation – alcohol abuse – relevance of community protection.

Legislation Cited:

Crimes Act 1900 (ACT), s 24

Criminal Code 2002 (ACT), s 312

Road Transport (Driver Licensing) Act 1999 (ACT), s 32(1)(a)

Cases Cited:

R v Dib [2003] NSWCCA 117

Parties:

The Queen (Crown)

David Zdravkovic (Offender)

Representation:

Counsel

Ms K McCann (Crown)

Mr R Livingston (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kim Bolas Legal Group (Offender)

File Numbers:

SCC 8 of 2015; SCC 10 of 2015

The offence

1. David Zdravkovic has pleaded guilty to one count each of aggravated burglary and assault occasioning actual bodily harm. The burglary offence arises under s 312 of the Criminal Code 2002 (ACT) and carries a maximum penalty including imprisonment for 20 years. The assault occasioning actual bodily harm offence arises under s 24 of the Crimes Act 1900 (ACT) and has a maximum penalty of five years imprisonment.

1. In sentencing Mr Zdravkovic for the aggravated burglary, I am also asked to take into account an offence of driving while disqualified, as a repeat offender. This offence arises under s 32(1)(a) of the Road Transport (Driver Licensing) Act 1999 (ACT) and, for a repeat offender, carries a maximum penalty including imprisonment for one year.

The incident

1. The incident from which these charges arose took place on 13 October 2014.  Mr Zdravkovic and the victim live quite close to each other.  Some days before the incident, the victim had borrowed $20 from Mr Zdravkovic, which he paid back the day before the incident. On 13 October 2014, Mr Zdravkovic found the victim outside the victim's townhouse, followed him into the house despite the victim's efforts to prevent his entry, and demanded the return of the $20.  When the victim said that he had previously repaid the money, Mr Zdravkovic subjected him to a sustained attack, in which he punched the victim in the head three or four times, hit him several times with a metal broom handle (hard enough to bend the broom handle) as the victim lay on the floor curled in a foetal position, and then produced a large kitchen knife, held it to the victim's face, and threatened to cut out the victim's eye.  Mr Zdravkovic then left the victim's house.

1. The victim suffered severe bruising to his face, ear, arms, and one shoulder, a wound to his nose, and a cut to one foot. 

1. Some time after Mr Zdravkovic left the victim's home, the victim called an ambulance, and police were then notified of the incident.  Mr Zdravkovic was arrested…