Regina v Popovic [2001] NSWSC 1118

New South Wales Supreme Court

CITATION : Regina v Popovic [2001] NSWSC 1118 FILE NUMBER(S) : SC 70069/99 HEARING DATE(S) : 13/6/00,14/6/00,15/6/00,19/6/00,20/6/00, 21/6/00, 22/6/00, 26/6/00, 27/6/00,28/6/00, 29/6/00,3/7/00,4/7/00,5/7/00,6/7/00,7/7/00,10/7/00,11/7/00,12/7/00,13/7/00,4/6/01,8/6/01,16/11/01 JUDGMENT DATE : 19 December 2001

PARTIES : Regina v Zlatan Popovic JUDGMENT OF : O'Keefe J

COUNSEL : Mr P V Conlon SC - Crown Mr P Zahra SC/Mr M C Ramage QC - Prisoner SOLICITORS : Director of Public Prosecutions - Crown Peter Ash & Associates - Prisoner CATCHWORDS : Manslaugther - Malicious woundings - Multiple convictions - Temporally related crimes - Totality - Provocation - Plea of guilty to manslaughter - Late contrition - Concurrency of sentences - Special circumstances - rehabilitation prospects LEGISLATION CITED : Crimes Act 1900, s 35 Crimes (Sentencing Procedure) Act 1999 Regina v Storey (1997) 89 A Crim R 519 CASES CITED : Regina v Isaacs (1997) 90 A Crim R 587 at 592 R v Troja NSWCCA 16 July 1991, unreported, per Kirby P R v Hill (1980-1981) 3 A Crim R 397 DECISION : A fixed term of 3 years imprisonment on each count of malicious wounding; to be served concurrently. 10 years imprisonment on the count of manslaughter. Non parole period fixed at six years on this sentence.

IN THE SUPREME COURT OF NEW SOUTH WALES WOLLONGONG CRIMINAL DIVISION

O'KEEFE J

19 December 2001

No: 70069/99 REGINA v ZLATAN POPOVIC Decision on Sentence

HIS HONOUR : INTRODUCTION 1 Zlatan Popovic (the prisoner), who was born on 16 February 1972, was arrested on 26 February 1999 and charged with having murdered Vedran Ravnjak (Mr Ravnjak, or the deceased) at Wollongong on 22 February 1999. Charges of maliciously wounding nine people at Wollongong on 22 February, 1999 were also then laid against him. The death and injuries referred to in the charges occurred when the prisoner discharged two shots from a double barrel shot gun in Kiera Street, Wollongong, at a time when a large number of shoppers and other people were in the vicinity. 2 The prisoner pleaded not guilty to the charges of murder and malicious wounding in Wollongong on 13 June 2000. After a hearing before a jury, which extended until 13 July 2000, the prisoner was convicted on each of the malicious wounding charges but the jury was unable to agree on a verdict in respect of the charge of murder. 3 On 19 March 2001 the prisoner stood trial for a second time on the charge of murder. Unfortunately, because of intervening circumstances quite beyond the control of the prisoner, the second trial had to be aborted. The jury was discharged on 29 March 2001. 4 After the discharge of the second jury there were discussions between the legal representatives of the prisoner and the Crown and for the first time since the arrest of the prisoner the Crown indicated that it would be prepared to entertain a plea of guilty to a charge of manslaughter. This decision was based on evidence given at the second trial in relation to threats from Mr Ravnjak directed at the prisoner, his mother and young son, extending over a period commencing in January 1999. 5 The prisoner was brought before the court again on 1 June, 2001. The court was then advised that a plea of guilty to manslaughter would be entered by the prisoner and accepted by the Crown. On 4 June, 2001 the prisoner entered a plea of guilty to manslaughter based upon the partial defence of provocation. This was accepted by the Crown, and on 8 June 2001 the prisoner appeared for sentence in Wollongong. On that occasion, because of the desire of those advising the prisoner to obtain evidence in support of his plea, and to have the benefit of senior counsel representing him, the sentence hearing was, on application made on behalf of the prisoner, adjourned to a date to be fixed. Such hearing was not able to take place before 16 November, 2001.