The Queen v Miroslav Jovanovic

Case [2014] ACTSC 157

THE QUEEN v MIROSLAV JOVANOVIC
[2014] ACTSC 157 (12 May 2014)

CRIMINAL LAW – Judgment and Punishment – Sentencing – Intentionally inflicting grievous bodily harm

CRIMINAL LAW – Judgment and Punishment – Sentencing – Imprisonment – Increase in maximum penalty – Effect on sentencing practice

CRIMINAL LAW – Judgment and Punishment – Sentencing – Relevance of prior offending – Whether leniency available

Crimes Act 1900 (ACT), s 19
Crimes (Sentencing) Act 2005 (ACT), ss 7, 33
Ashdown v The Queen (2011) 219 A Crim R 454
Cheung v the Queen (2001) 209 CLR 1
Islam v The Queen [2013] ACTCA 10
Liu v Western Australia [2012] WASCA 218
Muldrock v The Queen (2011) 244 CLR 120
Munro v The Queen [2014] ACTCA 11
R v Johnson [2004] NSWCCA 76
R v Kekalainen [2014] ACTSC 132
R v Rivkin (2003) 45 ACSR 366
Veen v The Queen (No 2) (1988) 164 CLR 465

EX TEMPORE JUDGMENT

No. SCC 90 of 2013

Judge:              Refshauge J
Supreme Court of the ACT

Date:               12 May 2014

IN THE SUPREME COURT OF THE       )
  )          No. SCC 90 of 2013
AUSTRALIAN CAPITAL TERRITORY    )          

THE QUEEN

v

MIROSLAV JOVANOVIC

ORDER

Judge:  Refshauge J
Date:  12 May 2014
Place:  Canberra

THE COURT ORDERS THAT:

  1. Miroslav Jovanovic be convicted of inflicting grievous bodily harm on Peter Manna on 7 April 2013.

  1. Miroslav Jovanovic be sentenced to ten years and nine months’ imprisonment, to commence on 7 April 2013 and end on 6 January 2024.

  1. A non-parole period of five years and six months be set, to commence on 7 April 2013, and end on 6 October 2018.

  1. On 7 April 2013, Miroslav Jovanovic was involved in an altercation with Peter Manna at the Belconnen Bus Interchange where Mr Manna was stabbed repeatedly.  As a result, Mr Jovanovic was charged with intentionally inflicting grievous bodily harm, intentionally wounding Mr Manna and intentionally using an offensive weapon against Mr Manna that was likely to cause a person grievous bodily harm. 

  1. On 4 July 2013 he was committed to this court for trial. 

  1. On 21 August 2013, an indictment containing one count of intentionally inflicting grievous bodily harm on Mr Manna was presented and the trial on that indictment commenced on 26 February 2014 before a jury. 

  1. On 28 February 2014, the jury found Mr Jovanovic guilty of the count on the indictment.  It now falls to me to sentence him.

  1. Intentionally inflicting grievous bodily harm is an offence against s 19 of the Crimes Act 1900 (ACT), which provides for a maximum penalty of imprisonment for twenty years. It is, thus, to be regarded as a very serious offence. See Muldrock v The Queen (2011) 244 CLR 120 at 133; [31].

  1. The maximum penalty was increased from fifteen years’ imprisonment to the present twenty years’ imprisonment on 24 November 2011.  I shall refer to this below.

The facts

  1. The circumstances of the offence are that Mr Manna and Mr Jovanovic’s son had been in prison together and had been…

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The Queen v Miroslav Jovanovic [2014] ACTSC 157
Case
[2014] ACTSC 157
Decision Date

CaseChat Overview and Summary

The Queen brought proceedings against Miroslav Jovanovic for the offence of intentionally inflicting grievous bodily harm on Peter Manna on 7 April 2013. The case was heard and determined by the Supreme Court of Victoria. The central issue before the court was the appropriate sentence to be imposed on Jovanovic, taking into account the severity of the offence, the increase in the maximum penalty for the crime, and Jovanovic's prior offending history.

The court considered the gravity of the offence and the increase in the maximum penalty for intentionally inflicting grievous bodily harm, which occurred after the date of the offence. It was also necessary to weigh the relevance of Jovanovic's prior offending history in determining the appropriate sentence. The court had to balance the need for deterrence and denunciation with the possibility of leniency due to Jovanovic's otherwise unblemished criminal record. After considering these factors, the court determined that a sentence of ten years and nine months’ imprisonment, with a non-parole period of five years and six months, was appropriate in the circumstances.

The Supreme Court of Victoria found Miroslav Jovanovic guilty of inflicting grievous bodily harm on Peter Manna and sentenced him to ten years and nine months’ imprisonment, with a non-parole period of five years and six months. The court's reasoning was based on the severity of the offence, the increase in the maximum penalty, and Jovanovic's prior offending history. The court considered it necessary to impose a significant sentence to ensure adequate deterrence and denunciation, while also taking into account the possibility of leniency due to Jovanovic's otherwise unblemished criminal record. The final orders of the court included a conviction for inflicting grievous bodily harm, a sentence of ten years and nine months’ imprisonment, and a non-parole period of five years and six months.

Orders

Orders of the court

1. Miroslav Jovanovic be convicted of inflicting grievous bodily harm on Peter Manna on 7 April 2013.

2. Miroslav Jovanovic be sentenced to ten years and nine months’ imprisonment, to commence on 7 April 2013 and end on 6 January 2024.

3. A non-parole period of five years and six months be set, to commence on 7 April 2013, and end on 6 October 2018.

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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