Jovan Nenadov SAVIC v REGINA [2008] NSWCCA 312

New South Wales Court of Criminal Appeal

CITATION: Jovan Nenadov SAVIC v REGINA [2008] NSWCCA 312

HEARING DATE(S): 17 November 2008

JUDGMENT DATE: 16 December 2008

JUDGMENT OF: Allsop P at 1; Kirby J at 63; Hall J at 64

1. Appeal against conviction dismissed. DECISION: 2. Leave to appeal against sentence granted. 3. Appeal against sentence dismissed.

CATCHWORDS: CRIMINAL APPEAL – CONVICTION – asserted miscarriage of justice – verdict said to be unsafe and unsatisfactory – whether evidence of guilty plea in separate proceedings admissible or unfairly prejudicial – whether failure of counsel to object to evidence said to be inadmissible displayed flagrant incompetence – whether error in trial judge failing to accede to application for view – whether error in disallowing certain cross-examination on prior inconsistent statement and credit - CRIMINAL APPEAL – SENTENCE – application for reduction in sentence – sentence said to be excessive – whether sentence reflected objective seriousness of offence – whether failure to take into account and give credit for co-operative manner in which the trial was conducted by the accused – where wounding with intent to murder and wounding with intent to do grievous bodily harm – Crimes Act 1990 (NSW) ss 27, 33 - EVIDENCE – identification evidence – voice identification – visual identification – admissibility – advantage of trial judge – prior inconsistent statement – credit

LEGISLATION CITED: Crimes Act 1900 (NSW) Evidence Act 1995 (NSW)

PARTIES: Jovan Nenadov SAVIC REGINA

FILE NUMBER(S): CCA 4739/2005

COUNSEL: Self represented G Rowling

SOLICITORS: Self represented S Kavanagh (Solicitor for Public Prosecutions)