R v Krivosic (No. 7) [2022] NSWSC 507

R v Krivosic (No. 7) [2022] NSWSC 507

The offender was sentenced for murder with intent to cause really serious bodily injury, not to kill, but the objective gravity remained in the upper mid-range due to planning, arming, disguise, prior parole for firearm offence, and lack of contrition or remorse; a lengthy custodial sentence was imposed to reflect the seriousness, address specific and general deterrence, and community protection, with sentence commencement corrected under the slip rule.

Parties
Crown: Regina; Offender: Marko Krivosic
Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Criminal / Sentencing After Guilty Verdict
Outcome
Offender sentenced to imprisonment for 28 years for murder.
Legal Topics
Murder, Sentencing, Use of Firearm in Crime, Parole Breach, Objective Gravity of Offence, Vigilantism, Slip Rule
Criminal Law Murder Sentencing Use of Firearm in Crime Parole Breach Objective Gravity of Offence Vigilantism Slip Rule

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Parties

Regina

Crown

Marko Krivosic

Offender

Procedural Posture

Criminal / Sentencing After Guilty Verdict

Legal Issues

  1. 1 Appropriate sentence for murder committed with intention to cause really serious bodily injury but not to kill
  2. 2 Assessment of objective gravity of offence and moral culpability
  3. 3 Relevance of offender's criminal history

Ratio Decidendi

The offender was sentenced for murder with intent to cause really serious bodily injury, not to kill, but the objective gravity remained in the upper mid-range due to planning, arming, disguise, prior parole for firearm offence, and lack of contrition or remorse; a lengthy custodial sentence was imposed to reflect the seriousness, address specific and general deterrence, and community protection, with sentence commencement corrected under the slip rule.

Court Disposition

Offender sentenced to imprisonment for 28 years for murder.

Orders

  • Imprisonment for 28 years comprising a non-parole period of 21 years commencing on 13 July 2019 and expiring on 12 July 2040, with a balance of term of seven years commencing on 13 July 2040 and expiring on 12 July 2047.
  • Earliest date on which the offender will be eligible for release on parole is 13 July 2040.