R v Vulic [2000] NSWCCA 295

R v Vulic [2000] NSWCCA 295

The sentence imposed on the applicant for the principal offence was excessive, notwithstanding the grave criminality, as it exceeded the upper limit of a proper sentencing discretion, especially given the applicant's mental disorder and the facts that no shot was discharged and no grievous bodily harm caused. The sentence must be substituted with a ten-year sentence with a seven and a half year non-parole period for the principal offence and three years for the firearm possession offence.

Parties
Applicant: Sinve Vulic; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 August 2000
Procedural Posture
Criminal Appeal / Appeal From Sentence
Outcome
Leave to appeal granted, appeal allowed
Legal Topics
Sentencing, Appeal Against Sentence, Attempted Discharge of Loaded Firearm, Assault Occasioning Actual Bodily Harm, Possession of Loaded Firearm in Public Place, Mental Illness and Sentencing
Criminal Law Sentencing Appeal Against Sentence Attempted Discharge of Loaded Firearm Assault Occasioning Actual Bodily Harm Possession of Loaded Firearm in Public Place Mental Illness and Sentencing

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Parties

Sinve Vulic

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence

Legal Issues

  1. 1 Whether the sentence imposed for attempting to discharge a loaded firearm with intent to cause grievous bodily harm was manifestly excessive
  2. 2 Impact of offender's mental disorder on sentencing
  3. 3 Appropriate sentence for offences under s 33, s 59, and s 93G(1)(a) of the Crimes Act

Ratio Decidendi

The sentence imposed on the applicant for the principal offence was excessive, notwithstanding the grave criminality, as it exceeded the upper limit of a proper sentencing discretion, especially given the applicant's mental disorder and the facts that no shot was discharged and no grievous bodily harm caused. The sentence must be substituted with a ten-year sentence with a seven and a half year non-parole period for the principal offence and three years for the firearm possession offence.

Court Disposition

Leave to appeal granted, appeal allowed

Orders

  • Sentences for offences under s 33 and s 93(1)(g) of the Crimes Act are quashed.
  • In lieu, offence under s 33: sentence of imprisonment for ten years, commencing 25 June 1998, with a non-parole period of seven and a half years (parole eligibility 24 December 2005).