Antonovic, Z.A. v The Queen [1995] FCA 412

CATCHWORDS

Criminal Law - appeal against sentence - numerous offences - four cumulative sentences imposed - 21 year old offender with a drug addiction - whether sentences manifestly excessive - totality principle - desirability of structuring sentence to facilitate rehabilitation from drug addition. Crimes Act 1914 (Cth), ss16A(2), 19(3), 71(1) Crimes Act 1900 (NSW), ss429A, 448, 451

Mill v The Queen (1988) 166 CLR 59 McDonald (1994) 71 A Crim R 370 The Queen v Shannon (1979) 21 SASR 442 The Queen v Hudson (1985) 8 FCR 228 The Queen v Smith and Smith (1988) 39 A Crim R 48 ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY ZDRAVKO AKO ANTONOVIC v THE QUEEN No. ACT G83 of 1994 Coram: VON DOUSSA, HIGGINS and NICHOLSON JJ Place: CANBERRA Date: 20 June 1995

IN THE FEDERAL COURT OF AUSTRALIA) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) No. ACT G83 of 1994 GENERAL DIVISION ) ON APPEAL FROM THE THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: ZDRAVKO AKO ANTONOVIC Appellant AND: THE QUEEN Respondent

MINUTES OF ORDER JUDGES MAKING ORDER : VON DOUSSA, HIGGINS and NICHOLSON JJ WHERE MADE : CANBERRA DATE OF ORDER : 20 June 1995 THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The sentences and orders in relation thereto in the Court below be varied to provide as follows: (a) That on the following offences more particularly described in the reasons for judgment delivered this day the following sentences be imposed: (i) on the first offence (burglary) - 2 years imprisonment (ii) on the third offence (burglary) - 2 years imprisonment (iii) on the fifth offence (possess cannabis) - 6 months imprisonment (iv) on the sixth offence (stealing) - 3 years

imprisonment (v) on the seventh offence (stealing - 2 years imprisonment. (b) That the sentences imposed for the third and the fifth offences be served concurrently, but cumulatively upon the sentence for the first offence; that the sentence for the first offence take effect from 27 October 1994; and that there be fixed a non-parole period of 2 years in relation to the aggregate sentences imposed on the first, third and fifth offences. (c) That the sentence for the seventh offence be served cumulatively upon the sentence for the sixth offence; that the sentence for the sixth offence commence on 27 October 1995; and that there be fixed a non-parole period of 2 years in relation to the aggregate sentences imposed on the sixth and seventh offences. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.