R v Popovic; R v Hristovski; R v Bubanja;R v Koloamatangi [2014] NSWSC 1725

R v Popovic; R v Hristovski; R v Bubanja;R v Koloamatangi [2014] NSWSC 1725

The sentences imposed reflect each defendant's role in a joint criminal enterprise to commit murder, with findings of contract killing (Koloamatangi), organising (Popovic), assistance through provision of weapon and acting as lookout (Hristovski), and facilitating via information and motivation (Bubanja). The seriousness, planning, past records, aggravating features, and principles of deterrence and retribution justify life imprisonment for Koloamatangi and lengthy non-parole periods for the others.

Parties
Crown: Regina; Accused: Zlatan Popovic; Accused: Jason Hristovski; Accused: Dalibor Bubanja; Accused: Tevi Koloamatangi
Jurisdiction
Australia
Judgment Date
12 December 2014
Procedural Posture
Criminal / Sentencing After Jury Verdict of Guilty
Outcome
All four offenders sentenced for murder; Koloamatangi to life imprisonment, others to lengthy fixed terms with non-parole periods and additional terms.
Legal Topics
Sentencing, Murder, Joint Criminal Enterprise, Contract Killing
Criminal Law Sentencing Murder Joint Criminal Enterprise Contract Killing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 1 Amounts and remedies 7
Sign in to unlock

Parties

Regina

Crown

Zlatan Popovic

Accused

Jason Hristovski

Accused

Dalibor Bubanja

Accused

Tevi Koloamatangi

Accused

Procedural Posture

Criminal / Sentencing After Jury Verdict of Guilty

Legal Issues

  1. 1 Appropriate sentences for murder under joint criminal enterprise principles
  2. 2 Whether life sentence appropriate for contract killing
  3. 3 Application of standard non-parole periods and totality principle

Ratio Decidendi

The sentences imposed reflect each defendant's role in a joint criminal enterprise to commit murder, with findings of contract killing (Koloamatangi), organising (Popovic), assistance through provision of weapon and acting as lookout (Hristovski), and facilitating via information and motivation (Bubanja). The seriousness, planning, past records, aggravating features, and principles of deterrence and retribution justify life imprisonment for Koloamatangi and lengthy non-parole periods for the others.

Court Disposition

All four offenders sentenced for murder; Koloamatangi to life imprisonment, others to lengthy fixed terms with non-parole periods and additional terms.

Orders

  • Jason Hristovski: non-parole period of 22 years commencing 25 July 2014; further 7 years. Eligible for parole 25 July 2036.
  • Dalibor Bubanja: non-parole period of 26 years commencing 1 February 2014; further 8 years. Eligible for parole 1 February 2040.