R v Vulovic (No. 4) [2012] NSWSC 212

R v Vulovic (No. 4) [2012] NSWSC 212

The Offender was to be sentenced on the basis that he intended to cause grievous bodily harm and fatally stabbed the deceased after significant provocative words and conduct, including insults and a strangling-type action, but the provocation was not high and the Offender's response involved substantial violence by obtaining a kitchen knife and inflicting about five wounds. No causal connection between any mental condition and the offending was established so as to reduce culpability or general deterrence. Taking into account the substantial objective gravity, absence of remorse, prior knife-related wounding, reasonable prospects of rehabilitation, and special circumstances justifying a...

Jurisdiction
Australia
Judgment Date
15 March 2012
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Acquittal of Murder and Conviction of Manslaughter by Provocation
Outcome
The Offender was sentenced to imprisonment for manslaughter with a non-parole period of six years and a balance of term of three years.
Legal Topics
['manslaughter' 'provocation' 'objective Gravity' 'mental Condition and Sentencing' 'victim Impact Statements' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'provocation' 'objective Gravity' 'mental Condition and Sentencing' 'victim Impact Statements' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Jury Acquittal of Murder and Conviction of Manslaughter by Provocation

Legal Issues

  1. 1 ['What findings of fact should be made for sentencing consistently with the jury verdict of manslaughter by provocation.' "Whether the Offender's mental conditions had a causal connection to the offending so as to reduce moral culpability or the weight of general deterrence." 'How the objective gravity of the manslaughter should be assessed having regard to provocation and the degree of violence used.' 'Whether special circumstances justified variation of the statutory ratio between the non-parole period and the head sentence.' 'What sentence should be imposed for the manslaughter of Tony Darkovski.']

Ratio Decidendi

The Offender was to be sentenced on the basis that he intended to cause grievous bodily harm and fatally stabbed the deceased after significant provocative words and conduct, including insults and a strangling-type action, but the provocation was not high and the Offender's response involved substantial violence by obtaining a kitchen knife and inflicting about five wounds. No causal connection between any mental condition and the offending was established so as to reduce culpability or general deterrence. Taking into account the substantial objective gravity, absence of remorse, prior knife-related wounding, reasonable prospects of rehabilitation, and special circumstances justifying a...

Court Disposition

The Offender was sentenced to imprisonment for manslaughter with a non-parole period of six years and a balance of term of three years.

Orders

  • ['Milija Vulovic is sentenced for the manslaughter of Tony Darkovski to imprisonment by way of a non-parole period of six years commencing on 12 November 2009 and expiring on 11 November 2015.' 'Milija Vulovic is sentenced to a balance of term of three years commencing on 12 November 2015 and expiring on 11 November...