Zdravkovic v The Queen

Case

[2016] ACTCA 53

20 October 2016


Details
AGLC Case Decision Date
Zdravkovic v The Queen [2016] ACTCA 53 [2016] ACTCA 53 20 October 2016

CaseChat Overview and Summary

Zdravkovic appealed against sentences imposed by the Supreme Court of the Australian Capital Territory for the offences of attempting to obtain property by deception and being knowingly concerned in the possession of a drug of dependence with intent to sell or supply.

The primary legal issue before the Court of Appeal was whether the aggregate sentence imposed was manifestly excessive, particularly in light of the principles concerning the accumulation of sentences and the determination of a non-parole period. The appellant also sought to rely on the decision in *Bui v The Queen* [2015] ACTCA 5.

The Court of Appeal considered the totality of the offending conduct and the sentencing objectives. It applied the principles established in *Bui v The Queen*, which affirmed that when imposing cumulative sentences, a sentencing judge must consider the overall impact of the sentences on the offender and ensure that the aggregate sentence is just and proportionate. The court found that the sentencing judge had properly taken into account all relevant factors, including the seriousness of the offences, the appellant's criminal history, and the need for deterrence and rehabilitation. The court concluded that the sentence was not manifestly excessive.

The appeal was dismissed.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Sentencing

  • Charge

  • Intention

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Most Recent Citation
McCurley v Beath [2017] ACTSC 196

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87

Williams-Savage v The Queen [2022] ACTCA 58
Cases Cited

23

Statutory Material Cited

4

R v De Simoni [1981] HCA 31
Munro v The Queen [2014] ACTCA 11