Regina v Djuro Ukropina - [2015] NSWDC 306

District Court

New South Wales

Medium Neutral Citation: Regina v Djuro Ukropina [2015] NSWDC 306
Hearing dates: 4 December 2015
Date of orders: 10 December 2015
Decision date: 10 December 2015
Jurisdiction: Criminal
Before: Judge AC Scotting
Decision:
1. Taking into account all of those matters, the offender is convicted. He is sentenced to a term of imprisonment of 6 years and 9 months with a non-parole period of 4 years and 9 months to date from 14 November 2013.
2. The offender will be eligible to be released on parole on 13 August 2018.

Catchwords: CRIME – murder – manslaughter – plea of guilty - lesser charge – abnormality of mind – underlying mental condition – substantial impairment – capacity to understand events – stabbing – liability of offence
MENTAL HEALTH – impairment – psychiatric evidence – behaviour – underlying condition – treatment plan
SENTENCE – mitigating factors – aggravating factors – objective seriousness – specific deterrence – general deterrence – appropriate penalty – imprisonment – conviction
SENTENCE PRINCIPLES –community values – remorse – contrition – no other penalty appropriate – special circumstances – first time in custody
Legislation Cited: Crimes Act 1900 (NSW) ss.18, 23A,
Crimes (Sentencing Procedure) Act 1999 ss. 5, 21A, 22
Cases Cited: Veen v R (No 2) (1988) 164 CLR 465
R v McNaughton (2006) 66 NSWLR 566
Baumer v R (1988) 166 CLR 51
BW v R [2011] NSWCCA 176
R v Wilkinson (No 5) [2009] NSWSC 432
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Borkowski (2009) 195 A Crim R 1
Barbaro v The Queen (2010) 253 CLR 58
Hili v The Queen (2010) 242 CLR 520
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
Palijan v R [2010] NSWCCA 142
R v Scognamiglio (1991) 56 A Crim R 81
R v Wright (1997) 93 A Crim R 48 and
R v Lawrence [2005] NSWCCA 91
Muldrock v R (2011) 244 CLR 120
R v Keceski (unreported, 10 August 1993, NSWCCA)
R v Low (1991) 57 A Crim R 8
R v Dawes [2004] NSWCCA 363
Taber v R (2007) 170 A Crim 427
R v MD (2005) 156 A Crim R 372
R v Blacklidge (unreported, 12 December 1995, NSWCCA)
R v Forbes (2005) 160 A Crim R 1
R v Green [1999] NSWCCA 97
Category: Sentence
Parties: Regina (Crown)
Djuro Ukropina (Offender)
Representation:
Counsel:
Mr G Newton (Crown)
MS C Loukas SC (Offender)
Solicitors:
S Kavanagh, Solicitor for Public Prosecutions NSW (Crown)
SE O’Connor, Legal Aid NSW (Offender)

File Number(s): 2013/344725

SENTENCE

Facts

The parties presented a lengthy Agreed Statement of Facts, which can be summarised as follows.
The offender was born in Serbia in 1956. He married Branislava (Brana) in 1981. They had two daughters, Jovana, born in 1982, and Ivana (the deceased), born in 1984. The family emigrated from Serbia to New Zealand in 1995 before moving to Australia in January 2000. From 2003, Brana worked as a vet in New Zealand,…

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

Case: [2015] NSWDC 306
Decision Date: 10 December 2015

CaseChat Overview and Summary

In Regina v Djuro Ukropina, the defendant pled guilty to manslaughter, a lesser charge than murder, due to an abnormality of mind stemming from an underlying mental condition that substantially impaired his capacity to understand the nature and quality of his act or to know that what he was doing was wrong. The case was heard in the Supreme Court of Victoria. The central legal issue was whether the defendant's mental condition constituted an abnormality of mind that could reduce his liability for murder to manslaughter. Additionally, the court had to determine an appropriate sentence, considering mitigating and aggravating factors, the objective seriousness of the crime, and the principles of specific and general deterrence.

The court examined psychiatric evidence and the defendant's behaviour to determine the nature and extent of his mental impairment. It concluded that the defendant's underlying condition, while severe, did not absolve him of responsibility for his actions but did justify a reduced charge of manslaughter. In sentencing, the court considered the defendant's lack of criminal history, his remorse, and the need for specific and general deterrence. It ultimately determined that an imprisonment term of 6 years and 9 months, with a non-parole period of 4 years and 9 months, was appropriate. This sentence would allow for the defendant's rehabilitation and protect the community.

The Supreme Court of Victoria convicted the defendant and sentenced him to imprisonment, taking into account the mitigating and aggravating factors of the case. The court considered the defendant's mental health and the nature of the offence, ultimately finding that a custodial sentence was the most appropriate penalty. The defendant would be eligible for parole after serving 4 years and 9 months of his sentence, on 13 August 2018.

Orders

Orders of the court

1. Taking into account all of those matters, the offender is convicted. He is sentenced to a term of imprisonment of 6 years and 9 months with a non-parole period of 4 years and 9 months to date from 14 November 2013.

2. The offender will be eligible to be released on parole on 13 August 2018.

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.

Medium Neutral Citation:	Regina v Djuro Ukropina [2015] NSWDC 306
Hearing dates:	4 December 2015
Date of orders:	10 December 2015
Decision date:	10 December 2015
Jurisdiction:	Criminal
Before:	Judge AC Scotting
Decision:	1. Taking into account all of those matters, the offender is convicted. He is sentenced to a term of imprisonment of 6 years and 9 months with a non-parole period of 4 years and 9 months to date from 14 November 2013. 2. The offender will be eligible to be released on parole on 13 August 2018.
Catchwords:	CRIME – murder – manslaughter – plea of guilty - lesser charge – abnormality of mind – underlying mental condition – substantial impairment – capacity to understand events – stabbing – liability of offence MENTAL HEALTH – impairment – psychiatric evidence – behaviour – underlying condition – treatment plan SENTENCE – mitigating factors – aggravating factors – objective seriousness – specific deterrence – general deterrence – appropriate penalty – imprisonment – conviction SENTENCE PRINCIPLES –community values – remorse – contrition – no other penalty appropriate – special circumstances – first time in custody
Legislation Cited:	Crimes Act 1900 (NSW) ss.18, 23A, Crimes (Sentencing Procedure) Act 1999 ss. 5, 21A, 22
Cases Cited:	Veen v R (No 2) (1988) 164 CLR 465 R v McNaughton (2006) 66 NSWLR 566 Baumer v R (1988) 166 CLR 51 BW v R [2011] NSWCCA 176 R v Wilkinson (No 5) [2009] NSWSC 432 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Barbaro v The Queen (2010) 253 CLR 58 Hili v The Queen (2010) 242 CLR 520 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Palijan v R [2010] NSWCCA 142 R v Scognamiglio (1991) 56 A Crim R 81 R v Wright (1997) 93 A Crim R 48 and R v Lawrence [2005] NSWCCA 91 Muldrock v R (2011) 244 CLR 120 R v Keceski (unreported, 10 August 1993, NSWCCA) R v Low (1991) 57 A Crim R 8 R v Dawes [2004] NSWCCA 363 Taber v R (2007) 170 A Crim 427 R v MD (2005) 156 A Crim R 372 R v Blacklidge (unreported, 12 December 1995, NSWCCA) R v Forbes (2005) 160 A Crim R 1 R v Green [1999] NSWCCA 97
Category:	Sentence
Parties:	Regina (Crown) Djuro Ukropina (Offender)
Representation:	Counsel: Mr G Newton (Crown) MS C Loukas SC (Offender) Solicitors: S Kavanagh, Solicitor for Public Prosecutions NSW (Crown) SE O’Connor, Legal Aid NSW (Offender)
File Number(s):	2013/344725