R v Kitanovski [2022] NSWDC 600

R v Kitanovski [2022] NSWDC 600

The offender knowingly took multiple planned steps to assist Mostafa Baluch, who was wanted in relation to alleged drug importation, to avoid the course of justice, including collecting him, providing a vehicle, placing the vehicle in a container, loading the container onto a truck, and driving it toward Queensland using a false job docket. The offending was in the lower end of the mid-range of objective seriousness. Imprisonment was the only appropriate sentence, but the offender's guilty plea, good character, minimal criminal history, negligible risk of reoffending, strong rehabilitation prospects, family hardship, and onerous custody during COVID-19 justified a 22 month sentence after...

Jurisdiction
Australia
Judgment Date
26 October 2022
Procedural Posture
Criminal Sentencing for Offence Under Section 43(1) of the Crimes Act 1914 (ct H) / Sentence After Guilty Plea
Outcome
Offender convicted and sentenced to 22 months imprisonment, with 12 months allowed as already spent in custody and the remaining 10 months to be served by intensive correction order.
Legal Topics
['do an Act With Intent to Pervert Course of Justice' 'attempt to Obstruct, Prevent, Pervert or Defeat the Course of Justice of the Commonwealth' 'objective Seriousness' 'guilty Plea Discount' 'intensive Correction Order' 'general Deterrence' 'family Hardship' 'onerous Custody During COVID 19']
['criminal Law' 'sentencing' 'public Justice Offences'] ['do an Act With Intent to Pervert Course of Justice' 'attempt to Obstruct, Prevent, Pervert or Defeat the Course of Justice of the Commonwealth' 'objective Seriousness' 'guilty Plea Discount' 'intensive Correction Order' 'general Deterrence' 'family Hardship' 'onerous Custody During COVID 19']

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Procedural Posture

Criminal Sentencing for Offence Under Section 43(1) of the Crimes Act 1914 (ct H) / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to obstruct, prevent, pervert or defeat the course of justice of the Commonwealth by assisting Mostafa Baluch to flee New South Wales and evade criminal proceedings.' "Whether the offending fell within the mid-range of objective seriousness and how the offender's planning, knowledge and role affected sentence." 'Whether the offender should receive a 25% or greater discount for the guilty plea.' "Whether time already served in custody and the offender's subjective circumstances justified the balance of the sentence being served by intensive correction order."]

Ratio Decidendi

The offender knowingly took multiple planned steps to assist Mostafa Baluch, who was wanted in relation to alleged drug importation, to avoid the course of justice, including collecting him, providing a vehicle, placing the vehicle in a container, loading the container onto a truck, and driving it toward Queensland using a false job docket. The offending was in the lower end of the mid-range of objective seriousness. Imprisonment was the only appropriate sentence, but the offender's guilty plea, good character, minimal criminal history, negligible risk of reoffending, strong rehabilitation prospects, family hardship, and onerous custody during COVID-19 justified a 22 month sentence after...

Court Disposition

Offender convicted and sentenced to 22 months imprisonment, with 12 months allowed as already spent in custody and the remaining 10 months to be served by intensive correction order.

Orders

  • ['Of the offence under section 43 of the Commonwealth Crimes Act the offender is convicted.' 'The offender is sentenced to a term of imprisonment, after allowing a 25% discount and rounding it down, to 22 months. Taking into account the 12 months allowed as already spent in custody the term will be 10 months to be...