Vragovic v R [2007] NSWCCA 46

New South Wales Court of Criminal Appeal

CITATION: Vragovic v R [2007] NSWCCA 46

HEARING DATE(S): 18/01/07

JUDGMENT DATE: 27 February 2007

JUDGMENT OF: Adams J at 1; Howie J at 37; Price J at 38

DECISION: Grant leave to appeal against sentence but otherwise dismiss the appeal.

CATCHWORDS: conviction appeal - false alibi - consciousness of guilt - failure to direct as to lies - defence submitted should not direct on lies - application of Rule 4 - application of proviso to 6(1) of Criminal Appeal Act 1912 - no miscarriage of justice

LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Rules

Edwards v The Queen (1993) 178 CLR 193 CASES CITED: R v Ambrosi (2004) 144 A Crim R 67 R v DH [2000] NSWCCA 360 R v Jeffery (unreported, NSWCCA 16 December 1993)

PARTIES: Ivan Vragovic Regina

FILE NUMBER(S): CCA 2006/2205

COUNSEL: Applicant: Mr A Cook Respondent: Ms N Noman

SOLICITORS: Applicant: Legal Aid Commission of New South Wales Respondent: Director of Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/61/0064

LOWER COURT JUDICIAL OFFICER: Woods DCJ

LOWER COURT DATE OF DECISION: 22/03/06

IN THE COURT OF CRIMINAL APPEAL 2006/2205

ADAMS J HOWIE J PRICE J

Tuesday 27 February 2007 Ivan VRAGOVIC v REGINA Judgment

ADAMS J:

Introduction 1 The appellant was convicted following his trial on 4 November 2005 of a charge that he, on 11 November 2003 at Yeoval, maliciously inflicted grievous bodily harm upon Vivian Catupic with intent, an offence under s33 of the Crimes Act 1900 carrying a maximum penalty of 25 years' imprisonment. The appellant, who was then aged 69 years, was sentenced on 22 March 2006 to a term of 12 years with a non-parole period of 8 years commencing 8 November 2005. This sentence was partially accumulated upon a sentence of 7 years with a non-parole period of 4 years also for an offence under s33 of the Crimes Act 1900 of maliciously inflicting grievous bodily harm with intent, of 7 years with a non-parole period of 4 years that commenced on 8 November 2003. Accordingly, the effective overall sentence for both offences was fourteen years imprisonment with a non-parole period of ten years. He will be seventy-six years of age before being eligible for release on parole. The appellant appeals to this Court in respect of his conviction and seeks leave to appeal in respect of his sentence.