R v Michael Basanovic; R v Wade Basanovic [2016] NSWSC 292

Supreme Court New South Wales

Medium Neutral Citation: R v Michael Basanovic; R v Wade Basanovic [2016] NSWSC 292 Hearing dates: 27/7/2015 – 29/7/2015, 4/8/2015 – 7/8/2015; 10/8/2015; 12/8/2015 – 13/8/2015; 17/8/2015 – 20/8/2015; 24/8/2015 – 28/8/2015; 31/8/2015 & 11/2/2016 Date of orders: 21 March 2016 Decision date: 21 March 2016 Jurisdiction: Common Law Before: Davies J Decision: Michael Basanovic, for causing grievous bodily harm to Michael Bell with intent to cause grievous bodily harm is convicted and sentenced to a non-parole period of seven years commencing 8 May 2013 and expiring 7 May 2020 with an additional term of two years and four months expiring 7 September 2022.

For the murder of Zeljko Mitrovic he is convicted and sentenced to a non-parole period of 18 years commencing 8 May 2016 and expiring 7 May 2034 with an additional term of six years and nine months expiring 7 February 2041.

Wade Basanovic, for causing grievous bodily harm to Michael Bell with intent to cause grievous bodily harm is convicted and sentenced to a non-parole period of seven years commencing 4 May 2013 and expiring 3 May 2020 with an additional term of two years and four months expiring 3 September 2022.

For the manslaughter of Zeljko Mitrovic he is convicted and sentenced to a non-parole period of eight years commencing 4 May 2016 and expiring 3 May 2024 with an additional term of three years and six months expiring 3 November 2027. Catchwords: CRIMINAL LAW – sentence – murder – manslaughter – joint criminal enterprise – shooter guilty of manslaughter for excessive self-defence of co-offender – co-offender guilty of murder – fact-finding – need to find facts consistent with both verdicts – prior bad relationship between co- offender and victim - different motivations of offenders for the joint criminal enterprise to kill the victim explains different verdicts - objective seriousness of both offences – importance of general deterrence where offenders took the law into their own hands CRIMINAL LAW – cause grievous bodily harm with intent - innocent party seriously injured by accident during shooting – transferred intent – offenders found guilty of causing grievous bodily harm with intent – objective seriousness – other members of the public present - recklessness – seriousness of injuries – no remorse - accumulation of sentences with murder and manslaughter sentences Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AM v R [2012] NSWCCA 203 Goundar v R [2012] NSWCCA 87 Mariam v R; R v Mariam [2013] NSWCCA 338 R v Basanovic (No 5) [2015] NSWSC 1197 R v Bell (1985) 2 NSWLR 466 R v Heffernan [2005] NSWSC 739 R v Puta & Ors [2001] NSWSC 225 Category: Sentence Parties: Michael Basanovic (Accused) Wade Adil Basanovic (Accused) Crown Representation: Counsel: J Korn (Michael Basanovic – Accused) T Edwards (Wade Adil Basanovic – Accused) S Herbert (Crown)