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

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

Taken at its highest, the evidence against Brian Brown showed at most an agreement to attend the deceased's premises and did not permit an inference that Brown knew of an intention to kill or inflict grievous bodily harm or knew Wade Basanovic was carrying a gun; speculation was insufficient, so the jury had to be directed to acquit him. By contrast, the nod from Michael Basanovic to Wade Basanovic immediately before the shooting, together with other circumstantial evidence about the meeting arrangements, Wade's knowledge of threats and prior violence against his father, knowledge of Michael Basanovic's gun, and the visit to Dynamic Transport, was capable of supporting an inference of a...

Jurisdiction
Australia
Judgment Date
25 August 2015
Procedural Posture
Criminal Trial for Murder and Cause Grievous Bodily Harm With Intent to Cause Grievous Bodily Harm / No Case Applications by Brian Brown and Michael Basanovic After the Crown Case and the Cases for Michael Basanovic and Wade Basanovic
Outcome
Brian Brown's no-case application was granted and the jury was directed to find him not guilty on both counts; Michael Basanovic's no-case application was refused.
Legal Topics
['murder' 'cause Grievous Bodily Harm With Intent' 'joint Criminal Enterprise' 'no Case Application' 'directed Verdict of Acquittal']
['criminal Law'] ['murder' 'cause Grievous Bodily Harm With Intent' 'joint Criminal Enterprise' 'no Case Application' 'directed Verdict of Acquittal']

Case Brief

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Procedural Posture

Criminal Trial for Murder and Cause Grievous Bodily Harm With Intent to Cause Grievous Bodily Harm / No Case Applications by Brian Brown and Michael Basanovic After the Crown Case and the Cases for Michael Basanovic and Wade Basanovic

Legal Issues

  1. 1 ['Whether there was any evidence upon which a jury could convict Brian Brown as part of a joint criminal enterprise to kill or inflict grievous bodily harm on Steve Mitrovic.' 'Whether there was evidence capable of going to the jury that Michael Basanovic and Wade Basanovic had agreed to kill Steve Mitrovic.' "Whether the Crown's formulation of its joint criminal enterprise case prevented the case against Michael Basanovic from going to the jury."]

Ratio Decidendi

Taken at its highest, the evidence against Brian Brown showed at most an agreement to attend the deceased's premises and did not permit an inference that Brown knew of an intention to kill or inflict grievous bodily harm or knew Wade Basanovic was carrying a gun; speculation was insufficient, so the jury had to be directed to acquit him. By contrast, the nod from Michael Basanovic to Wade Basanovic immediately before the shooting, together with other circumstantial evidence about the meeting arrangements, Wade's knowledge of threats and prior violence against his father, knowledge of Michael Basanovic's gun, and the visit to Dynamic Transport, was capable of supporting an inference of a...

Court Disposition

Brian Brown's no-case application was granted and the jury was directed to find him not guilty on both counts; Michael Basanovic's no-case application was refused.

Orders

  • ['In relation to Brian Brown the jury will be directed to find him not guilty on both Counts.' 'In relation to Michael Basanovic the no-case application is refused.']