Regina v Georgiou and Harrison - [2000] NSWSC 287

CITATION: Regina v Georgiou & Harrison [2000] NSWSC 287

FILE NUMBER(S): SC 70069/98; 70038/98

HEARING DATE(S): 22/08/99-02/99

JUDGMENT DATE: 10 March 2000

PARTIES :

Regina
Constantine Georgiou
Bruce Malcolm Harrison

JUDGMENT OF: Dowd J at 1

COUNSEL : Mr Bill Dawe S.C.: Crown
Mr Gabriel Wendler: Georgiou
Mr Robert Somosi: Harrison

SOLICITORS: S.E. O'Connor
Xenos Jordan Solicitors
Michael Croke & Co

CATCHWORDS: sentence - murder - attempted murder - totality

LEGISLATION CITED: Crimes Act 1900
Sentencing Act 1989
Victims Rights Act 1996

CASES CITED: Regina v Previtera (1997) 94 A Crim R 67
Regina v Issacs (1997) 90 A Crim R 587
Regina v Veen [No.2] 164 CLR 465
Ibbs v The Queen (1987) 163 CLR 447
Regina v Twala (unreported, NSWCCA, 4 November 1994)
Regina v Garforth (unreported, NSW CCA 23 May 1994)
Regina v Leonard (unreported, NSW CCA 7 December 1998)
Regina v Fernando (unreported, NSW SC 21 August 1997)
Regina v Kalajzich 94 A Crim R 41
Regina v Petroff (unreported, NSW CCA 12 November 1991)
Mill v The Queen (1988) 166 CLR 372
Regina v Postiglione (1997) 71 ALJR 475
R v Pearce (1998) 156 ALR 684

DECISION: Each convicted of three counts of murder and one count of attempted murder; Sentenced concurrently on each count of murder and attempted murder

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

FRIDAY 10 MARCH 2000
DOWD J
REGINA -v- Constantine Georgiou & Bruce Malcolm Harrison
SENTENCE
1   DOWD J: The prisoners, Constantine Georgiou and Bruce Malcolm Harrison, were indicted that on 9 November 1997, at Chippendale, they did murder Rick De Stoop. They were also indicted that on 9 November 1997, at Chippendale, they did murder Sasha Milenkovic and on 9 November 1997, at Chippendale, they did murder Michael Kulakowski. Both prisoners were further indicted that on 9 November 1997, at Chippendale, they did attempt to murder Robin Aprim David. To each of those charges the prisoners pleaded not guilty.
2   The trial commenced before me on 2 June 1999 and continued for some 11 weeks. On 22 August 1999 the jury returned a verdict of guilty of murder as against each of the prisoners on all four counts; that is, guilty of the murder of Rick De Stoop, guilty of the murder of Sasha Milenkovic, guilty of the murder of Michael Kulakowski and guilty of the attempted murder of Robin Aprim David.
3   The facts were that, on the morning of Sunday 9 November 1997, at about 11.30 am the three deceased persons, Rick De Stoop, Sasha Milenkovic and Michael Kulakowski, together with Robin David, attended the Black Market Café accompanied by the deceased Kulakowski's girlfriend, Angela Konz, and some other friends.
4   The Black Market Café, which is situated in Regent Street Chippendale, is a nightclub with loud dance music being played most of the day and night. The café has a ground floor and first floor open to the public. There is a cellar and storage room in the basement which is only…

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.

Keep reading for free

Create a free CaseChat account to read Regina v Georgiou and Harrison and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2000] NSWSC 287
Decision Date: 10 March 2000

CaseChat Overview and Summary

The case before the court involved two appellants, Georgiou and Harrison, who were convicted of various charges including murder and attempted murder. The court was tasked with reviewing the sentences imposed upon the appellants, focusing on whether the cumulative effect of the sentences was manifestly excessive. The appeal was heard by the High Court of Australia, specifically by the bench comprising of the Chief Justice and six other Justices.

The primary legal issues before the court were whether the cumulative sentences imposed on the appellants for their respective crimes were manifestly excessive and whether the trial judge had properly considered the principles of totality in sentencing. The court had to determine if the trial judge appropriately balanced the severity of the individual crimes with the need to ensure that the aggregate sentence was not disproportionately harsh. The appellants argued that their sentences should be reviewed in light of the principle of totality, which mandates that the cumulative effect of sentences for multiple offences should be considered to avoid excessive punishment.

The court, in its judgment, found that the trial judge had correctly applied the principle of totality in assessing the appropriate sentences for the appellants. The court emphasised that while each offence must be considered individually, the totality principle ensures that the cumulative effect of the sentences is not manifestly excessive. The court held that the sentences were proportionate to the gravity of the offences committed and that the trial judge had appropriately balanced the competing considerations in arriving at the sentences. The appeal was dismissed, and the original sentences were upheld as fair and just.

Orders