R v SINANOVIC [2000] NSWCCA 395

New South Wales Court of Criminal Appeal

CITATION : R v SINANOVIC [2000] NSWCCA 395 FILE NUMBER(S) : CCA 60624/97 HEARING DATE(S) : 4 February 2000 JUDGMENT DATE : 11 December 2000

PARTIES : Regina Hakija Sinanovic JUDGMENT OF : Wood CJ at CL at 1; Hulme J at 2; Greg James J at 57

LOWER COURT JURISDICTION : District Court 94/11/1091 LOWER COURT FILE NUMBER(S) : 95/11/0286 95/11/0132 LOWER COURT JUDICIAL Grogan DCJ OFFICER :

COUNSEL : Crown: M Grogan Appellant: JA Coombs SOLICITORS : Crown: SE O'Connor Appellant: Chau & Associates

DECISION : Appeal dismissed

- 24 - IN THE COURT OF CRIMINAL APPEAL

No. 60624/97 WOOD CJ at CL HULME J GREG JAMES J

Monday, 11 December 2000 Regina v Hakija SINANOVIC JUDGMENT

1 WOOD CJ at CL: I have read the reasons for judgment of Greg James J, and agree with the orders proposed. **********

IN THE COURT OF CRIMINAL APPEAL No: 60624/97 WOOD CJ AT CL HULME J GREG JAMES J Monday, 11 December 2000 REGINA -v- Hakija SINANOVIC JUDGMENT

2 HULME J: These proceedings are the third of 5 appeals brought by the Appellant against convictions in the District Court. So far as this appeal is concerned, the Appellant was indicted on 3 November 1997 before Judge Grogan and a jury on charges which, as transcribed, were in the following terms:- 1. For that he on or about August 1991 at Sydney in the State of New South Wales did steal a ring the property of Texas Patrick Cranney.

2. Further that he in the alternative that on or about 1 August 1991 and 24 March 1992 at Sydney in the State of New South Wales did receive and have a ring the property of Texas Patrick Cranney before then stolen and that he at the time when he so received the said ring knowing it to have been stolen. 3 On 13 November 1997 the jury found the Appellant not guilty on the first count but guilty on the second. The maximum penalty prescribed for the offence was, by virtue of s188 of the Crimes Act, 10 years penal servitude. On 14 November Judge Grogan sentenced the Appellant to penal servitude for a minimum term of 13 months commencing on 16 April 2000 and an additional term of 14 months commencing 16 May 2001. 16 April was the day after a prior sentence imposed on the Appellant by Stewart ADCJ expired. 4 The grounds of appeal are as follows:- 1. The trial judge erred in not allowing the accused an adjournment to obtain legal representation.