R v Steven KATIC [2008] NSWSC 1330

New South Wales Supreme Court

CITATION : R v Steven KATIC [2008] NSWSC 1330 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 14/11/08

JUDGMENT DATE : 12 December 2008

JUDGMENT OF : Hidden J

DECISION : Aggravated armed robbery: FT 4 years from 26/02/07 Manslaughter: 9 years, NPP 5 1/2 years, from 26/02/09

CATCHWORDS : CRIMINAL LAW - sentence - manslaughter by excessive self-defence - associated aggravated armed robbery

LEGISLATION CITED : Crimes Act 1900

CATEGORY : Principal judgment

CASES CITED : R v Henry [1999] NSWCCA 111, 46 NSWLR 346 R v Forbes [2005] NSWCCA 377, 160 A Crim R 1

PARTIES : Regina Steven Momir Katic

FILE NUMBER(S) : SC 2008/7271

COUNSEL : M Hobart SC (Crown) P Cattini (Defendant)

SOLICITORS : T Lopis (DPP) H Shaw (LAC)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J

12 December 2008

2008/7271

Regina v Steven Momir KATIC

REMARKS ON SENTENCE 1 HIDDEN J: The offender, Steven Momir Katic, is to be sentenced for offences arising out of a tragic incident at Glenfield in the afternoon of 20 February 2007. He held up a newsagency, carrying an air rifle, obtained money and ran from the shop. The proprietor pursued him and, in circumstances which I shall describe shortly, he struck the proprietor in the head with a fence paling, causing his death. 2 The offender was indicted before me for murder and for robbery whilst armed with a dangerous weapon, that being an offence under s97(2) of the Crimes Act which carries a maximum sentence of 25 years imprisonment. He pleaded not guilty to the murder but guilty to the aggravated armed robbery. His trial for murder proceeded, but the jury found him guilty of manslaughter. He stands for sentence, then, for manslaughter and the robbery.