R v Velisavljevic [2019] NSWDC 782

District Court New South Wales

Medium Neutral Citation: R v Velisavljevic [2019] NSWDC 782 Hearing dates: 17 December 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: A term of imprisonment of three years and two months with a non-period of two years: at [38]. Catchwords: SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation — Remorse — Injury, harm, loss or damage not substantial SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Factual basis for sentence — General principles — Objective seriousness SENTENCING — Sentencing procedure — Agreed facts — Disputed facts SENTENCING — Subjective considerations on sentence — Drug addiction — Mental illness — Special circumstances Legislation Cited: Crimes Act 1900 Cases Cited: DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 R v Bugmy (2013) 249 CLR 571 Texts Cited: Nil Category: Sentence Parties: Regina (Crown)

Dejan Velisavljevic (Offender) Representation: Ms A Brown (Solicitor for the Crown)

Mr S Dayeian (Counsel for the Offender) File Number(s): 2017/27813

Judgment 1. The offender, aged 40 years, has pleaded guilty to one count of reckless wounding under s 35(4) of the Crimes Act 1900, which carries a maximum penalty of seven years imprisonment with a standard non‑parole period of three years. 2. The first stage of the sentence proceedings involves resolution of a dispute as to the facts upon which the offender is to be sentenced. The matter was initially listed for trial and, following representations to the Director of Public Prosecutions, the offender was was arraigned on an indictment containing two counts on 25 February 2019, the first of count of wounding with intent under s 33 of the Crimes Act 1900 and the alternative count of reckless wounding under s 35. The Crown accepted the plea of guilty to count 2 in full satisfaction of the indictment and the matter was listed for sentence with a three hour estimate, including a disputed facts hearing.