R v Velisavljevic [2019] NSWDC 782

R v Velisavljevic [2019] NSWDC 782

The court was not satisfied beyond reasonable doubt that the offender stabbed the victim with a knife inside the unit. It sentenced on the basis that the offender, in an altercation outside the Northcott apartment complex, struck the victim and caused the wound with a sharp ring. The offence was objectively serious but below mid-range, largely unprovoked, and the offender's prior record disentitled him to leniency. Allowing for the guilty plea, remorse, mental health and substance use considerations, reduced but not eliminated moral culpability, rehabilitation prospects, and special circumstances, the appropriate sentence was imprisonment for three years and two months with a two-year...

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Criminal Sentencing for Reckless Wounding Under S 35(4) of the Crimes Act 1900 / Sentence After Guilty Plea, Including Disputed Facts Hearing
Outcome
Offender convicted and sentenced to imprisonment for three years and two months with a non-parole period of two years; special circumstances found.
Legal Topics
['reckless Wounding' 'plea of Guilty' 'disputed Facts on Sentence' 'objective Seriousness' 'mental Illness' 'drug Addiction' 'remorse' 'rehabilitation' 'special Circumstances' 'imprisonment']
['criminal Law' 'sentencing'] ['reckless Wounding' 'plea of Guilty' 'disputed Facts on Sentence' 'objective Seriousness' 'mental Illness' 'drug Addiction' 'remorse' 'rehabilitation' 'special Circumstances' 'imprisonment']

Case Brief

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Procedural Posture

Criminal Sentencing for Reckless Wounding Under S 35(4) of the Crimes Act 1900 / Sentence After Guilty Plea, Including Disputed Facts Hearing

Legal Issues

  1. 1 ['What facts should be found for sentence, including whether the offender stabbed the victim with a knife inside the unit or struck him with a sharp ring outside the Northcott apartment complex.' 'What sentence should be imposed for reckless wounding having regard to objective seriousness, prior record, guilty plea, remorse, mental health, substance use, rehabilitation prospects, deterrence and special circumstances.']

Ratio Decidendi

The court was not satisfied beyond reasonable doubt that the offender stabbed the victim with a knife inside the unit. It sentenced on the basis that the offender, in an altercation outside the Northcott apartment complex, struck the victim and caused the wound with a sharp ring. The offence was objectively serious but below mid-range, largely unprovoked, and the offender's prior record disentitled him to leniency. Allowing for the guilty plea, remorse, mental health and substance use considerations, reduced but not eliminated moral culpability, rehabilitation prospects, and special circumstances, the appropriate sentence was imprisonment for three years and two months with a two-year...

Court Disposition

Offender convicted and sentenced to imprisonment for three years and two months with a non-parole period of two years; special circumstances found.

Orders

  • ['The offender is convicted of the offence.' 'I impose a sentence of imprisonment of three years and two months to commence on 17 December 2017.' 'I impose a non-parole period of two years expiring on 16 September 2019, so that the offender is eligible to release to parole on these matters today.' 'I find special...