Federal Court of Australia
CATCHWORDS
Criminal Law - Appeal,against severity of sentence for common law offence of escape - Consideration of maximum
prescribed sentence for similar statutory offence.
Remand Centres Ordinance 1976 (A.C.T.)
BORKO MILADINOVIC v. THE QUEEN
No. A.C.T. G10 of 1983
Fox, McGregor and Gallop JJ. 22 March 1983
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. A.C.T. G10 of 1983
DISTRICT REGISTRY
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GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: BORKO MILADINOVIC
Appellant AND: THE QUEEN Respondent ORDER JUDGES: Fox, McGregor and Gallop JJ. DATE OF ORDER: 22 March 1983 WHERE MADE: Canberra THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The sentence be set aside. 3. In lieu thereof the appellant be imprisoned for a
period of ten months from the date of the order
made below.
The appellant be released on 31 March 1983 upon his entering into a recognizance in the sum of two hundred and fifty dollars ($250) to be of good behaviour for a periad of twelve months from that date and during that period to accept the supervision on probation of an officer appointed by, or by arrangement with, the Director of Welfare, and to obey his reasonable
instructions.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. A.C.T. G10 of 1983
eNews SS
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN :
BORKO MILADINOVIC
Appellant
AND:
THE QUEEN
Respondent
CORAM: Fox, McGregor and Gallop JJ.
REASONS FOR JUDGMENT
FOX, MCGREGOR and GALLOP JJ.
(ex tempore)
The reasons and judgment which I am about to deliver are
those of the Court. This is an appeal by Borko Miladinovic, the
appellant, against the severity of a sentence of imprisonment for
eighteen months with a non-parole period of nine months imposed
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