Tasevski v The Queen

Case [2014] VSCA 135


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2013 0212

ROBERT TASEVSKI Applicant
v
THE QUEEN Respondent

---

JUDGES

NETTLE, TATE and BEACH JJA

WHERE HELD

MELBOURNE

DATE OF HEARING

24 June 2014

DATE OF JUDGMENT

27 June 2014

MEDIUM NEUTRAL CITATION

[2014] VSCA 135

JUDGMENT APPEALED FROM

The Queen v Tasevski (Unreported, County Court of Victoria, Judge Tinney, 11 October 2013)

---

CRIMINAL LAW – Sentencing – One charge of intentionally cause injury and one charge of intentionally cause serious injury – Whether total effective sentence of 9 years with a non-parole period of 7 years manifestly excessive – Unprovoked knife attacks in public place – Applicant on bail in relation to the offence of intentionally cause injury at time of committing offence of intentionally cause serious injury – Whether judge ‘inflated the overall criminality to inappropriate level’ – Application granted - Appeal dismissed.

---

APPEARANCES: Counsel Solicitors
For the Applicant Ms J M Fallar Slades & Parsons
For the Crown Mr D A Trapnell QC Mr C Hyland, Solicitor for Public Prosecutions

NETTLE JA:

  1. In this matter, I have had the advantage of reading in draft the reasons for judgment of Tate JA and I gratefully adopt her Honour’s statement of the facts and arguments.

  1. I have also paid close attention to her Honour’s consideration of comparable and comparative cases and I recognise the force of her conclusion that, judged by reference to some of the other cases to which she refers, the sentence of seven and a half years’ imprisonment imposed on the charge of intentionally causing serious injury (charge 2) is stern and, statistically speaking, remarkable.  Ultimately, however, I am not persuaded that it is manifestly excessive.

  1. The maximum penalty for intentionally causing serious injury is 20 years’ imprisonment and, as has been observed on other occasions, it may thus be expected that the worst instances of the offence will attract sentences of 15 years’ imprisonment and upwards.  The offence of causing serious injury in this case was not among the worst instances of the offence but, as the sentencing judge rightly found, it was serious.  Hence, the sentence which his Honour imposed was only half of 15 years. 

  1. Certainly, as Tate JA observes, there are other cases in which similar attacks have netted lesser sentences.  High authority dictates that we must regard them as relevant comparators.  But the complexities of sentencing are not susceptible to precise mathematical comparisons.  They necessitate consideration not only of the nature and gravity of an offence and the injury which it may have inflicted but also of the nature and circumstances of the offender, his prospects of rehabilitation and the needs of community protection.  Potentially, therefore, the variables are unlimited and, to a large extent, of a nature incapable of any more precise measurement than informed subjective assessment.  

  1. Therein lies the essence of the sentencing discretion and why it is that there is

no one necessarily correct sentence for a given offence or offender; only a range of sentences…

Continue reading Tasevski v The Queen

Sign in free to access the full text

Details
AGLC
Tasevski v The Queen [2014] VSCA 135
Case
[2014] VSCA 135
Decision Date

CaseChat Overview and Summary

The applicant was convicted and sentenced for one count of intentionally causing injury and one count of intentionally causing serious injury. He was sentenced to a total effective sentence of nine years, with a non-parole period of seven years. The applicant sought leave to appeal against his sentence, claiming it was manifestly excessive. The Crown opposed the application. The legal issues before the court were whether the sentence was manifestly excessive and whether the sentencing judge had inflated the overall criminality of the applicant’s offending to an inappropriate level. The court found that the applicant’s offending, which involved two unprovoked knife attacks in a public place, was serious. The court also found that the sentence was not manifestly excessive and dismissed the application. The court further found that the sentencing judge had not inflated the overall criminality of the applicant’s offending to an inappropriate level. The application for leave to appeal was dismissed.

Orders

Orders of the court

Full text does not contain this section.

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.