REGINA v MILOJEVIC [2001] NSWCCA 461
No manifest error was shown in the sentencing judge's approach to utilitarian value of the guilty plea, consideration of remorse, or in the imposition of the sentence, given the serious aggravating circumstances and the offences committed while on bail and recognisance.
- Parties
- Applicant: John Jovan Milojevic; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 19 November 2001
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Application for leave to appeal against sentence is granted but the appeal is dismissed.
- Legal Topics
- Sentencing, Offensive Weapon, Hindering Lawful Apprehension, Aggravating Factors, Remorse, Utilitarian Value of Guilty Plea
Case Brief
Summary, issues, holding and outcome
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Parties
John Jovan Milojevic
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in considering the utilitarian value of the guilty plea
- 2 Appropriateness of sentence in light of aggravating factors
- 3 Consideration of remorse and contrition
Ratio Decidendi
No manifest error was shown in the sentencing judge's approach to utilitarian value of the guilty plea, consideration of remorse, or in the imposition of the sentence, given the serious aggravating circumstances and the offences committed while on bail and recognisance.
Court Disposition
Application for leave to appeal against sentence is granted but the appeal is dismissed.
Orders
- Application for leave to appeal against sentence is granted
- Appeal is dismissed
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