SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0262
| JAKOB SUTIC | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | KYROU and KAYE JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 6 September 2018 |
| DATE OF JUDGMENT: | 27 September 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 246 |
| JUDGMENT APPEALED FROM: | DPP v Sutic [2016] VCC 1936 (Judge Tinney) |
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CRIMINAL LAW – Two charges of negligently causing serious injury and two charges of reckless conduct endangering serious injury – Total effective sentence of 4 years, 9 months’ imprisonment.
CRIMINAL PROCEDURE – Application for extension of time to file application for leave to appeal against sentence – Delay of 11 months – Applicant under mistaken belief that he had signed documents which preserved his appeal rights – Legal advice sought promptly after sentence – New solicitors engaged and Legal Aid funding sought – Significant parts of delay not attributable to applicant – Application for extension of time granted.
CRIMINAL LAW – Application for leave to appeal against sentence – Whether judge mischaracterised objective gravity of negligently causing serious injury offences – Whether judge erred in adopting incremental approach to upward adjustment of current sentencing practices – Whether judge doubly punished applicant – Whether sentence of 3 years, 2 months’ imprisonment for first negligently causing serious injury charge and orders for cumulation manifestly excessive – Application refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms G Connelly | Valos Black & Associates |
| For the Respondent | Ms E Ruddle | Mr J Cain, Solicitor for Public Prosecutions |
KYROU JA
KAYE JA:
Introduction and summary
The applicant pleaded guilty to the charges set out in the table below and, on 9 December 2016, he was sentenced as set out in that table:[1]
[1]DPP v Sutic [2016] VCC 1936 (‘Sentencing remarks’).
| Charge on indictment | ||||
| Charge | Offence | Maximum | Sentence | Cumulation |
| 1 | Negligently causing serious injury [Crimes Act 1958 s 24] | 10 years | 3 years, 2 months | Base |
| 2 | Negligently causing serious injury | 10 years | 2 years, 4 months | 1 year, 1 month |
| 3 | Reckless conduct endangering serious injury [Crimes Act s 23] | 5 years | 1 year, 3 months | 3 months |
| 4 | Reckless conduct endangering serious injury | 5 years | 1 year, 3 months | 3 months |
| Related summary charge | ||||
| 8 | Driving a motor vehicle while prescribed concentration of drugs present [Road Safety Act 1986 s 49(1)(bb)] | 12 penalty units | Fine of $600 | - |
| Total Effective Sentence: 4 years, 9 months’ imprisonment | ||||
| Non-Parole Period: 2 years, 5 months | ||||
| Pre-Sentence Detention Declaration: 10 days | ||||
| 6AAA Statement: 7 years’ imprisonment with non-parole period of 5 years | ||||
| Other relevant orders: Licence disqualification ending 2 years after release from custody; compensation order for $3,000 in favour of Kira Betchley | ||||
The charges arose out of an incident which occurred on 1 November 2015. On that day, while the applicant was under the influence of methylamphetamine and MDMA, he drove his Toyota Hilux utility across double white lines and in the wrong lane of a dual carriageway road, causing an off-set head-on collision with a…
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- AGLC
- Sutic v The Queen [2018] VSCA 246
- Case
- [2018] VSCA 246
- Decision Date
CaseChat Overview and Summary
The court had to decide whether Mr Sutic's application for an extension of time should be granted and if the application for leave to appeal against his sentence should be refused. The court examined whether the trial judge mischaracterised the objective gravity of the negligently causing serious injury offences and whether the judge erred in adopting an incremental approach to upward adjustment of current sentencing practices. The court also considered whether the judge doubly punished Mr Sutic and whether the sentence of 3 years, 2 months’ imprisonment for the first negligently causing serious injury charge and orders for cumulation were manifestly excessive.
The court found that the trial judge did not mischaracterise the objective gravity of the offences and did not err in adopting an incremental approach to sentencing. The court also found that Mr Sutic was not doubly punished and that the sentence was not manifestly excessive. Therefore, the application for leave to appeal against the sentence was refused. The application for an extension of time to file the application for leave to appeal was granted as significant parts of the delay were not attributable to Mr Sutic.
No further orders were made.
Orders
Orders of the court
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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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