R v Basanovic and ors (No. 5) [2015] NSWSC 1197

Supreme Court New South Wales

Medium Neutral Citation: R v Basanovic and ors (No. 5) [2015] NSWSC 1197 Hearing dates: 24 August 2015 Date of orders: 25 August 2015 Decision date: 25 August 2015 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. In relation to Brian Brown the jury will be directed to find him not guilty on both Counts. 2. In relation to Michael Basanovic the no-case application is refused. Catchwords: CRIMINAL LAW – murder – cause grievous bodily harm with intent – joint criminal enterprise – no-case applications by two participants not being the principal in the first degree – whether any evidence on which jury could convict Cases Cited: Doney v The Queen (1990) 171 CLR 207 May v O'Sullivan (1955) 92 CLR 654 Regina v PL [2012] NSWCCA 31 Category: Procedural and other rulings Parties: Michael Basanovic (Accused) Wade Adil Basanovic (Accused) Brian Brown (Accused) Crown Representation: Counsel: J Korn (Michael Basanovic – Accused) T Edwards (Wade Adil Basanovic – Accused) W Terracini SC (Brian Brown - Accused) S Herbert (Crown)

Solicitors: Korn Macdougall Legal (Michael Basanovic – Accused) Korn Macdougall Legal (Wade Adil Basanovic – Accused) Zahr & Zahr Lawyers (Brian Brown - Accused) Solicitor for Public Prosecutions (Crown) File Number(s): 2013/63525; 2013/88487 & 2013/88507