R v Milojevic [2020] NSWDC 441

R v Milojevic [2020] NSWDC 441

The offending was a serious home invasion involving forced entry into an occupied home, violence against occupants, theft, and wounding with a weapon. Each principal offence was assessed as within the middle of the range of objective seriousness. Aggravating factors included offending in the victim's home, unprovoked conduct and offending while on parole. The offender's criminal history disentitled him to leniency and made specific deterrence important, although a 15% discount was allowed for the guilty pleas and special circumstances were found. Applying totality, partial accumulation was required between the offences and with the existing sentence. An aggregate sentence of imprisonment...

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 5 years and 3 months with a non-parole period of 2 years and 8 months.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'reckless Wounding in Company' 'form 1 Offence' 'objective Seriousness' 'aggravating Factors' 'guilty Plea Discount' 'totality' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'reckless Wounding in Company' 'form 1 Offence' 'objective Seriousness' 'aggravating Factors' 'guilty Plea Discount' 'totality' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit serious indictable offence (larceny) and reckless wounding in company.' 'How the Form 1 offence of assault occasioning actual bodily harm while in company should be taken into account.' 'Whether the offences were of midrange objective seriousness.' "Whether aggravating factors were established, including offending in the victim's home, unprovoked conduct, and offending while on conditional liberty." 'How totality, concurrency and accumulation should operate given multiple offences and an existing sentence.' 'Whether special circumstances justified modifying the ratio between the non-parole period and parole period.']

Ratio Decidendi

The offending was a serious home invasion involving forced entry into an occupied home, violence against occupants, theft, and wounding with a weapon. Each principal offence was assessed as within the middle of the range of objective seriousness. Aggravating factors included offending in the victim's home, unprovoked conduct and offending while on parole. The offender's criminal history disentitled him to leniency and made specific deterrence important, although a 15% discount was allowed for the guilty pleas and special circumstances were found. Applying totality, partial accumulation was required between the offences and with the existing sentence. An aggregate sentence of imprisonment...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 5 years and 3 months with a non-parole period of 2 years and 8 months.

Orders

  • ['Mr Milojevic, in relation to each offence of aggravated break and enter and commit serious indictable offence (larceny) and reckless wounding in company you are convicted.' 'The offender is sentenced to a total aggregate sentence of five years and three months with a non-parole period of two years and eight months...