REGINA v POPOVIC [2003] NSWCCA 103

New South Wales Court of Criminal Appeal

CITATION : REGINA v POPOVIC [2003] NSWCCA 103 HEARING DATE(S) : 25 March 2003 JUDGMENT DATE : 25 March 2003

JUDGMENT OF : Spigelman CJ at 1; Hulme J at 91; Buddin J at 96 DECISION : Leave to appeal granted, appeal dismissed [97].

CATCHWORDS : CRIMINAL LAW - SENTENCE - Application for leave to appeal from sentence - where fixed-term sentences imposed - where unsuccessful attempt to obtain assistance against deceased from police - whether sentences imposed for manslaughter and malicious wounding within reasonable exercise of sentencing discretion - whether sentencing judge minimised degree of provocation - where challenged findings of fact not of central significance to sentencing process LEGISLATION CITED : Criminal Appeal Act 1912, s6(3) CASES CITED : R v Alexander (1995) 78 A Crim R 141 PARTIES : Regina (Respondent) Zlatan Popovic (Applicant) FILE NUMBER(S) : CCA 60009/02 COUNSEL : M C Ramage QC (Applicant) D C Frearson (Respondent) SOLICITORS : Peter Ash & Associates (Applicant) S E O'Connor (Respondent)

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 70069/99 FILE NUMBER(S) : LOWER COURT O'Keefe J JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60009/02

SPIGELMAN CJ HULME J BUDDIN J

Tuesday 25 March 2003 REGINA v Zlatan POPOVIC Judgment 1 SPIGELMAN CJ: The Applicant seeks leave to appeal from sentences imposed upon him by O'Keefe J, after convictions on nine counts of malicious wounding and one count of manslaughter. 2 On 22 February 1999, the Applicant discharged two shots from a double barrel shotgun in Kiera Street, Wollongong, and shot and killed Mr Vedran Ravnjak ("the deceased"). There were a significant number of people in the vicinity of Keira Street and nine people were wounded. The Applicant was charged with murder. 3 At his trial he was found guilty of each malicious wounding charge. However, the jury was unable to agree on the murder. A second trial on the murder count led to the discharge of the jury. The Crown subsequently indicated that it would be prepared to accept a plea to manslaughter on the basis of provocation. Such a plea was entered and then accepted in full discharge of the indictment.