Quimbee logo
DMCA.com Protection Status

The Queen v. Robert James Arnautovic

[2007] VCC 597 (9 June 2005)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

The Queen v. Robert James Arnautovic

County Court of Victoria, Melbourne Criminal Division

[2007] VCC 597 (9 June 2005)

Facts

Robert Arnautovic (defendant) had already accumulated nearly 100 convictions for burglary and theft when he pled guilty to 15 more counts of theft and robbery. At sentencing, the judge detailed Arnautovic’s history. Born to a heroin addict, Arnautovic lived in different foster homes every two or three years without contact with his father. When Arnautovic was 15, his mother introduced him to heroin before an overdose and stroke incapacitated her. Arnautovic began stealing to support his addiction. At 17, Arnautovic had a daughter, but Arnautovic played no parenting role in her life. At about 26, Arnautovic admitted himself to rehab but stayed only eight weeks, then resumed using heroin and committed the additional thefts under sentencing. Meanwhile, Arnautovic met another heroin addict and had a second daughter, Shakira, born with Pierre-Robin sequence and significant medical needs. Shakira’s birth transformed Arnautovic. He became her sole caretaker, began methadone treatment, and obtained housing assistance. The lawyer who helped Arnautovic obtain sole custody testified that Arnautovic stayed on methadone and social services no longer required drug testing. Shakira’s case manager said Shakira’s mother could not care for her while Arnautovic had made Shakira’s best interests his top priority and had welcomed social services’ assistance. The case manager had no concerns about Arnautovic’s heroin use and believed two-and-half-year-old Shakira needed to stay with him. Given Shakira’s conditions, it would be difficult to place her in foster care, and there were no suitable adults she knew to care for her. At sentencing, after hearing victim-impact statements, Arnautovic expressed his remorse, especially his concern for a three-year-old girl who watched Arnautovic beat and rob her father. The prosecution (plaintiff) asked for immediate imprisonment, but Arnautovic’s attorney asked for a noncustodial sentence so Arnautovic could continue parenting Shakira.

Rule of Law

Issue

Holding and Reasoning (Gaynor, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership