PLEVAC v REGINA [2005] NSWCCA 454

New South Wales Court of Criminal Appeal

CITATION: PLEVAC v REGINA [2005] NSWCCA 454

HEARING DATE(S): 27 October 2005

JUDGMENT DATE: 27 October 2005

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 39; Hoeben J at 42

DECISION: Application dismissed

CATCHWORDS: CRIMINAL LAW - applicant seeking leave to appeal against sentence of life imprisonment - murder - whether sentence manifestly excessive - excess weight placed on maintenance of innocence where no community protection imperative - uncertain prospects of rehabilitation applicant maintains innocence

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Act 1900 (NSW)

R v Everett, unreported, Court of Criminal Appeal, 13 December 1995 R v MJR (2002) 54 NSWLR 368 CASES CITED: R v Rosevear [1999] NSWSC 732 Veen v The Queen (No 2) (1987) 164 CLR 465

The Crown PARTIES: Josef Plevac (Appl)

FILE NUMBER(S): CCA 2005/1193

P G Ingram (Crown) COUNSEL: A Haesler SC (Appl)

Solicitor for Public Prosecutions (Crown) SOLICITORS: Legal Aid Commission of NSW (Appl)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 02/002

LOWER COURT JUDICIAL OFFICER: James J

IN THE COURT OF CRIMINAL APPEAL 2005/1193

McCLELLAN CJ at CL SIMPSON J HOEBEN J

27 OCTOBER 2005 REGINA v Josef PLEVAC Judgment 1 McCLELLAN CJ at CL: The applicant seeks leave to appeal against a sentence imposed on him by James J when he redetermined pursuant to Schedule 1 of the Crimes (Sentencing Procedure) Act 1999 a life sentence imposed on the applicant by McInerney J for the murder of his wife. His Honour imposed a sentence of twenty-five years commencing on 22 September 1989 and expiring on 21 September 2014 with a non-parole period of nineteen years commencing on 22 September 1989 and expiring on 21 September 2008. 2 The applicant was first tried for the murder of his wife before Finlay J and a jury, and was convicted and sentenced to life imprisonment. That conviction was quashed by this Court and a new trial ordered. On 28 August 1996 the applicant was again convicted of murder and sentenced to life imprisonment by McInerney J. His Honour provided that the sentence should date from when the applicant was taken into custody on 22 September 1989. 3 The applicant appealed against his conviction but that appeal was dismissed. Although the applicant accepted the facts tendered by the Crown on the application for redetermination he has otherwise continued to maintain that he was innocent of the offence.