R v Kitanovski [2022] NSWDC 600

District Court New South Wales

Medium Neutral Citation: R v Kitanovski [2022] NSWDC 600 Hearing dates: 20 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [76 - 78] Catchwords: CRIME — Public justice offences — Do an act with intent to pervert course of justice Legislation Cited: Crimes Act 1914 (Cth) Crimes Act 1958 (VIC) Crimes (Sentencing Proceedings) ACT 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Mandranis v The Queen [2021] NSWCCA 97 Pantazis v The Queen [2012] VSCA 160 Perrin v R [2021] NSWDC 408 R v Qutami (2001) 127 A Crim R 369 Totaan v R [2002] NSWCCA 75 Wany v DPP [2020] NSWCA 318 Worboyes v The Queen [2021 VSCA 169 Category: Sentence Parties: Rex (Crown) Kitanovski (Offender) Representation: McCraith for the NSW Director of Public Prosecutions

Barrack for the Offender File Number(s): 2021/00319384 Publication restriction: Unrestricted

REASONS ON SENTENCE 1. Jovanco Kitanovski ("the offender") appears for sentence in respect of one charge under section 43(1) of the Crimes Act 1914 (CtH), ("the Act"), that he did between about 9 November 2021 and 10 November 2021 attempt to obstruct, prevent, pervert or defeat the course of justice of the Commonwealth. The maximum sentence is 10 years imprisonment. 2. I take the maximum sentence into account as a legislative guidepost, reflecting the legislature's view of the seriousness of the offending so as to assist in arriving at the appropriate sentence. 3. The offender was born on 9 January 1975 and so is now 47 years old. At the time of the offending he was 46 years of age. 4. The offender was arrested on 10 November 2021 and has been in custody since that date. As at the date of this sentence he has therefore spent 11 months and 16 days in custody. The offender was on no form of conditional liberty at the time of the offending. The period in custody is wholly attributable to the offending being sentenced.