REGINA v FLANJAK [2003] NSWSC 779

REGINA v FLANJAK [2003] NSWSC 779

The offender was sentenced to twenty years' imprisonment, with a non-parole period of fifteen years, for the murder of Ana Cepernic. The killing was committed in a state of overwhelming emotion and despair. Victim impact statements were received but not weighed in sentencing. There was no demonstrable remorse by the offender, and special circumstances were not deemed sufficient to reduce the non-parole period below statutory calculation.

Jurisdiction
Australia
Judgment Date
20 August 2003
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to a term of imprisonment of twenty years with a non-parole period of fifteen years.
Legal Topics
['murder' 'sentencing' 'victim Impact Statements' 'attempted Suicide by Offender' 'prior Relationship Between Deceased and Offender']
['criminal Law'] ['murder' 'sentencing' 'victim Impact Statements' 'attempted Suicide by Offender' 'prior Relationship Between Deceased and Offender']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder with multiple gunshot wounds' 'Relevance of victim impact statements to sentencing' "Consideration of offender's emotional state and attempted suicide" "Assessment of offender's alleged loss of memory"]

Ratio Decidendi

The offender was sentenced to twenty years' imprisonment, with a non-parole period of fifteen years, for the murder of Ana Cepernic. The killing was committed in a state of overwhelming emotion and despair. Victim impact statements were received but not weighed in sentencing. There was no demonstrable remorse by the offender, and special circumstances were not deemed sufficient to reduce the non-parole period below statutory calculation.

Court Disposition

Sentenced to a term of imprisonment of twenty years with a non-parole period of fifteen years.

Orders

  • ['Michael Flanjak is sentenced to a term of imprisonment of twenty years to commence on 28 May 2001 with a non-parole period of fifteen years.' 'The earliest date upon which he will be eligible for parole is 27 May 2016.']