Jovanovic v The Queen [1999] FCA 1008

FEDERAL COURT OF AUSTRALIA

Jovanovic v The Queen [1999] FCA 1008 CRIMINAL LAW – appeal against sentence – whether sentencing judge functus officio after sentence pronounced and recorded on internal court documents – whether "slip-rule" applicable to allow amendment of sentence – whether sentence initially imposed capable of being revoked. CRIMINAL LAW – whether appropriate for sentencing judge to decline to impose penalty in respect of certain counts in indictment by reason of conduct being embraced within other counts. CRIMINAL LAW – appeal against sentence – whether sentence manifestly excessive – whether proper credit given for time spent in custody. Crimes Act 1900 (ACT), s 448 Parole Act 1976 (ACT), s 8 Drugs of Dependence Act 1989 (ACT), s 164(3) Graziers Association of New South Wales v Australian Legion of Ex-Servicemen and Women (1949) SR(NSW) 300 at 303 referred to Bailey v Marinoff (1971) 125 CLR 529 at 539 referred to Re Swire (1885) 30 ChD 239 referred to R v Cripps, Ex parte Muldoon [1984] QB 686 at 695 referred to R v Michael [1976] 1 QB 414 referred to R v Saville [1981] 1 QB 12 referred to S v Recorder of Manchester [1971] AC 481 at 489 referred to Lawrence v The King [1933] AC 699 at 708-9 referred to Samsoondar Ramcharan v The Queen [1973] AC 414 referred to R v Hodgkinson [1954] VLR 140 at 145-6 referred to R v Billington [1980] VR 625 at 631 applied R v Cross (Patrick) [1973] 1 QB 937 at 940 referred to R v Judge Bland; ex parte Director of Public Prosecutions [1987] VR 225not followed R v Lapa (No 2) (1995) 80 A Crim R 398 at 402, 403, 404 referred to Griffiths v The Queen (1977) 137 CLR 293 at 301-3 referred to R v De Zylva (1988) 38 A Crim R 207 referred to R v Webb (1953) Cr App R 82 at 84-5 referred to R v Fry (1954) 38 Cr App R 157 at 158 referred to