Regina v Plevac [2004] NSWSC 916

New South Wales Supreme Court

CITATION : Regina v Plevac [2004] NSWSC 916 HEARING DATE(S) : 23/09/04 JUDGMENT DATE : 14 October 2004

JUDGMENT OF : James J at 1 DECISION : Life sentence redetermined

CATCHWORDS : Criminal law - sentencing - murder - life sentence redetermination - prisoner murdered his wife LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act R v Bugmy (1990) 169 CLR 525 R v Bush: unreported, NSWSC 25 September 1992 R v Everett: unreported, NSWCCA 13 December 1995 CASES CITED : R v Peacock: unreported, NSWSC 24 April 1992 R v Rosevear [1999] NSWSC 732 R v Stephens [1999] NSWCCA 80 R v Whitmore [1999] NSWCCA 75 PARTIES : Regina v Josef PLEVAC FILE NUMBER(S) : SC 02/002 COUNSEL : A Haesler/W Laing - Applicant P G Ingram - Respondent SOLICITORS : Legal Aid S C Kavanagh

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 70041/90 FILE NUMBER(S) : LOWER COURT McInerney J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL LAW DIVISION

JAMES J

14 October 2004

02/002 – Regina v Josef PLEVAC

JUDGMENT 1 HIS HONOUR: This is an application by Josef Plevac pursuant to sch 1 of the Crimes (Sentencing Procedure) Act for the determination of a term of imprisonment and a non-parole period to replace a sentence of imprisonment for life, which was imposed on the applicant by McInerney J on 28 August 1996, after a jury in a trial conducted before McInerney J had found the applicant guilty of the murder of his wife Dana Plevac on 22 September 1989. 2 The applicant has continued to deny that he murdered his wife but in the reply to the statement of facts filed by the Director of Public Prosecutions pursuant to Practice Note 57 accepted that the Director's statement of facts set out the Crown case on which he was convicted and the following statement of the facts of the case and the course of the criminal proceedings against the applicant is taken from the Director's statement.