R v Basanovic, Michael; R v Basanovic, Wade [2018] NSWCCA 246

R v Basanovic, Michael; R v Basanovic, Wade [2018] NSWCCA 246

Michael Basanovic's appeal against conviction was upheld because the trial judge failed to leave self-defence to the jury, which was viable on the evidence and required regardless of defence strategy; Wade Basanovic's appeal against conviction was dismissed as the error in tendency evidence direction did not affect the verdict, and leave to appeal against sentence refused as the judgment's intention on statutory ratio was adequately implemented.

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction upheld for Michael Basanovic (new trial); appeal against conviction and sentence dismissed/refused for Wade Basanovic.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'murder' 'manslaughter' 'joint Criminal Enterprise' 'self Defence' 'tendency Evidence' 'unreasonable Verdict']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'murder' 'manslaughter' 'joint Criminal Enterprise' 'self Defence' 'tendency Evidence' 'unreasonable Verdict']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ['Whether failure to instruct jury on self-defence caused substantial miscarriage of justice' 'Whether failure to leave manslaughter as alternative to murder caused miscarriage of justice' 'Whether trial judge erred in directing jury on tendency evidence standard of proof' 'Whether verdict unreasonable or unsupported by evidence' 'Whether sentence breached statutory proportions under s 44(2) Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

Michael Basanovic's appeal against conviction was upheld because the trial judge failed to leave self-defence to the jury, which was viable on the evidence and required regardless of defence strategy; Wade Basanovic's appeal against conviction was dismissed as the error in tendency evidence direction did not affect the verdict, and leave to appeal against sentence refused as the judgment's intention on statutory ratio was adequately implemented.

Court Disposition

Appeal against conviction upheld for Michael Basanovic (new trial); appeal against conviction and sentence dismissed/refused for Wade Basanovic.

Orders

  • ['Michael Basanovic: Appeal against conviction upheld, conviction quashed, new trial ordered.' 'Wade Basanovic: Appeal against conviction dismissed; leave to appeal against sentence refused.']