Cvetkovic v R [2013] NSWCCA 66

Cvetkovic v R [2013] NSWCCA 66

Extension of time to appeal granted due to absence of legal representation and applicant's depressive illness, but no error was found in the trial judge's assessment of objective seriousness, consideration of psychiatric evidence, or application of mitigating factors. The sentence, though stern, was not outside the proper range or a miscarriage of sentencing discretion. The appeal against sentence was dismissed.

Parties
Appellant: Dragan Cvetkovic; Respondent: Crown
Jurisdiction
Australia
Judgment Date
03 April 2013
Procedural Posture
Criminal / Appeal Against Sentence (out of Time); Leave to Appeal Granted
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
Appeal Out of Time, Extension of Time, Sentence Appeal, Wounding With Intent to Murder, Objective Seriousness, General and Specific Deterrence, Domestic Violence, Mental Illness in Sentencing
Criminal Law Appeal Out of Time Extension of Time Sentence Appeal Wounding With Intent to Murder Objective Seriousness General and Specific Deterrence Domestic Violence +1 more

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Parties

Dragan Cvetkovic

Appellant

Crown

Respondent

Procedural Posture

Criminal / Appeal Against Sentence (out of Time); Leave to Appeal Granted

Legal Issues

  1. 1 Whether extension of time to appeal against sentence should be granted given applicant's major depressive illness and lack of legal representation
  2. 2 Whether the sentence imposed was manifestly excessive or unduly harsh
  3. 3 Whether the trial judge erred in assessing the objective seriousness of the offence as high

Ratio Decidendi

Extension of time to appeal granted due to absence of legal representation and applicant's depressive illness, but no error was found in the trial judge's assessment of objective seriousness, consideration of psychiatric evidence, or application of mitigating factors. The sentence, though stern, was not outside the proper range or a miscarriage of sentencing discretion. The appeal against sentence was dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • Extension of time to appeal granted
  • Leave to appeal against sentence granted