R v Zdravkovic (No 3)

The respondents, Zdravkovic and another, were convicted of multiple offences including the possession of an unauthorised firearm, an unauthorised prohibited weapon, and unauthorised possession of ammunition. They appealed against their sentences, arguing that the primary judge imposed a wholly suspended sentence of imprisonment, a good behaviour order with a community service condition and a fine, which was manifestly inadequate. The Crown submitted that the sentence was manifestly excessive. The High Court of Australia heard the appeal from the New South Wales Court of Criminal Appeal.

The court considered the objective seriousness of the offences, the respondents' criminal histories, and their prospects of rehabilitation. It was held that the primary judge appropriately assessed the objective seriousness of the offences as being in the low to mid range. The court considered that the respondents' significant criminal histories warranted a sentence with an ongoing need for specific deterrence. However, the respondents had shown a real prospect of rehabilitation. The court held that the sentence was not manifestly inadequate or manifestly excessive.

The appeal was dismissed. The court held that the sentence of imprisonment wholly suspended for two years, a good behaviour order with a community service condition and a fine, was appropriate in all the circumstances. The sentence imposed was neither manifestly inadequate nor manifestly excessive.

No further orders were made.