R v Basanovic [2019] NSWSC 1770

R v Basanovic [2019] NSWSC 1770

The offender's planned joint criminal enterprise to confront and fatally shoot the deceased with a handgun was a very grave example of manslaughter despite accepted excessive self-defence, and the shooting of an uninvolved bystander was also objectively grave. Allowing for parity, the ceiling principle on the grievous bodily harm offence, a total 20% discount, limited mitigation for cognitive impairment and custodial hardship, and the need for cumulation, the appropriate total sentence was 13 years 8 months with a non-parole period of 10 years 3 months, backdated to 8 May 2013.

Jurisdiction
Australia
Judgment Date
11 December 2019
Procedural Posture
Criminal Sentence / Sentence After Successful Conviction Appeal and Guilty Pleas on Rearraignment
Outcome
The offender was convicted of manslaughter and inflicting grievous bodily harm with intent to do so, and sentenced to a total head sentence of 13 years 8 months with a total non-parole period of 10 years 3 months, commencing on 8 May 2013.
Legal Topics
['manslaughter' 'inflicting Grievous Bodily Harm With Intent' 'excessive Self Defence' 'joint Criminal Enterprise' 'parity' 'ceiling Principle' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['manslaughter' 'inflicting Grievous Bodily Harm With Intent' 'excessive Self Defence' 'joint Criminal Enterprise' 'parity' 'ceiling Principle' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Successful Conviction Appeal and Guilty Pleas on Rearraignment

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter where culpability was reduced from murder by excessive self-defence.' 'What sentence should be imposed for inflicting grievous bodily harm with intent to do so upon an uninvolved bystander.' "How parity with the co-offender's sentence should affect the offender's sentence." 'How the ceiling principle should limit the sentence for inflicting grievous bodily harm after a successful conviction appeal and re-sentence.' 'What allowance should be made for guilty pleas, subjective features, cognitive impairment, custodial hardship and prospects of rehabilitation.']

Ratio Decidendi

The offender's planned joint criminal enterprise to confront and fatally shoot the deceased with a handgun was a very grave example of manslaughter despite accepted excessive self-defence, and the shooting of an uninvolved bystander was also objectively grave. Allowing for parity, the ceiling principle on the grievous bodily harm offence, a total 20% discount, limited mitigation for cognitive impairment and custodial hardship, and the need for cumulation, the appropriate total sentence was 13 years 8 months with a non-parole period of 10 years 3 months, backdated to 8 May 2013.

Court Disposition

The offender was convicted of manslaughter and inflicting grievous bodily harm with intent to do so, and sentenced to a total head sentence of 13 years 8 months with a total non-parole period of 10 years 3 months, commencing on 8 May 2013.

Orders

  • ['Muho Mick Basanovic is convicted of manslaughter and inflicting grievous bodily harm with intent to do so.' 'For inflicting grievous bodily harm with intent to do so, a non-parole period of 5 years 6 months was imposed commencing on 8 May 2013 and expiring on 7 November 2018, with a parole period of 1 year 11...