Ivanovic v R [2009] NSWCCA 28

Ivanovic v R [2009] NSWCCA 28

The sentencing judge did not err in recognising and giving weight to the applicant's plea of guilty, remorse, and restitution; a custodial sentence is appropriate for social security fraud except in very special cases, and none exist here.

Parties
Applicant: Vlajko Ivanovic; Respondent: Regina
Jurisdiction
Australia
Judgment Date
03 February 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused; appeal dismissed
Legal Topics
Social Security Fraud, Discount for Plea of Guilty, Sentencing
Criminal Law Social Security Fraud Discount for Plea of Guilty Sentencing

Case Brief

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Parties

Vlajko Ivanovic

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to discount the sentence for the applicant's early plea of guilty and willingness to facilitate the course of justice

Ratio Decidendi

The sentencing judge did not err in recognising and giving weight to the applicant's plea of guilty, remorse, and restitution; a custodial sentence is appropriate for social security fraud except in very special cases, and none exist here.

Court Disposition

Application for leave to appeal refused; appeal dismissed

Orders

  • Application for leave to appeal refused
  • Appeal dismissed