Benasic, A. F. v. The Queen [1987] FCA 743

Benasic, A. F. v. The Queen [1987] FCA 743

Evidence of the victim's state of mind was admissible, both as part of the res gestae and as relevant to establishing the seriousness of the threat, even though the test for blackmail is objective. No error was found in the sentencing process, including consideration of prior related events, as the trial judge did not sentence for uncharged conduct. The second appellant was not unjustly tried by any misunderstanding as to the case against him, and the sentencing disparity reflected proper considerations including assistance to police and contrition.

Parties
Appellant: Anton Francis Benasic; Appellant: Harry Malavetas; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
22 December 1987
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Blackmail, Evidence—admissibility—state of Mind, Sentencing, Unwarranted Demand With Menaces, Principal in the First or Second Degree
Criminal Law Blackmail Evidence—admissibility—state of Mind Sentencing Unwarranted Demand With Menaces Principal in the First or Second Degree

Case Brief

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Parties

Anton Francis Benasic

Appellant

Harry Malavetas

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether evidence of the victim's state of mind was admissible in a blackmail prosecution
  2. 2 Whether evidence of misbehaviour on other occasions not the subject of any charge was wrongly admitted as relevant to sentence
  3. 3 Whether the second appellant was unjustly tried due to misunderstanding about the prosecution case (as principal in the second degree vs. first degree)

Ratio Decidendi

Evidence of the victim's state of mind was admissible, both as part of the res gestae and as relevant to establishing the seriousness of the threat, even though the test for blackmail is objective. No error was found in the sentencing process, including consideration of prior related events, as the trial judge did not sentence for uncharged conduct. The second appellant was not unjustly tried by any misunderstanding as to the case against him, and the sentencing disparity reflected proper considerations including assistance to police and contrition.

Court Disposition

appeal dismissed

Orders

  • The appeals be dismissed.