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

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

The Court found that Michael and Wade Basanovic had agreed before attending the premises to kill Zeljko Mitrovic, but that Wade's shooting was manslaughter because the jury must have accepted excessive self-defence in protection of his father, whereas Michael's liability for murder reflected an intention to kill not sufficiently based on self-defence. The planned confrontation, use of a firearm in an office where employees were present, grave risk to the public, serious and permanent injury to Michael Bell, lack of remorse, prior violent histories and need for deterrence required substantial custodial sentences, with partial accumulation because the grievous bodily harm occurred in the...

Jurisdiction
Australia
Judgment Date
21 March 2016
Procedural Posture
Criminal Sentence / Sentence After Jury Verdicts
Outcome
Michael Basanovic was convicted and sentenced for murder and causing grievous bodily harm with intent. Wade Basanovic was convicted and sentenced for manslaughter and causing grievous bodily harm with intent.
Legal Topics
['murder' 'manslaughter' 'causing Grievous Bodily Harm With Intent' 'joint Criminal Enterprise' 'excessive Self Defence' 'transferred Intent' 'objective Seriousness' 'general Deterrence' 'accumulation of Sentences']
['criminal Law' 'sentencing'] ['murder' 'manslaughter' 'causing Grievous Bodily Harm With Intent' 'joint Criminal Enterprise' 'excessive Self Defence' 'transferred Intent' 'objective Seriousness' 'general Deterrence' 'accumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdicts

Legal Issues

  1. 1 ['What facts should be found consistently with verdicts that Michael Basanovic was guilty of murder and Wade Basanovic was guilty of manslaughter arising from the same shooting.' 'Whether the joint criminal enterprise between Michael Basanovic and Wade Basanovic included an intention to kill Zeljko Mitrovic before they entered the premises.' "The objective seriousness of Michael Basanovic's murder offence and Wade Basanovic's manslaughter offence." "The objective seriousness of each offender's offence of causing grievous bodily harm to Michael Bell with intent to cause grievous bodily harm on a transferred intent basis." 'Whether subjective features, remorse, deterrence, rehabilitation, special circumstances and accumulation affected the sentences to be imposed.']

Ratio Decidendi

The Court found that Michael and Wade Basanovic had agreed before attending the premises to kill Zeljko Mitrovic, but that Wade's shooting was manslaughter because the jury must have accepted excessive self-defence in protection of his father, whereas Michael's liability for murder reflected an intention to kill not sufficiently based on self-defence. The planned confrontation, use of a firearm in an office where employees were present, grave risk to the public, serious and permanent injury to Michael Bell, lack of remorse, prior violent histories and need for deterrence required substantial custodial sentences, with partial accumulation because the grievous bodily harm occurred in the...

Court Disposition

Michael Basanovic was convicted and sentenced for murder and causing grievous bodily harm with intent. Wade Basanovic was convicted and sentenced for manslaughter and causing grievous bodily harm with intent.

Orders

  • ['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.' 'Michael...