DPP v Basic

The Director of Public Prosecutions sought an appeal against the sentence of Nikola Basic, who was convicted of multiple offences including making an explosive substance with intent to endanger life or cause serious injury to property, possession of explosive substances for an unlawful object, possession of a drug of dependence, and possession of firearms by a prohibited person, among other charges. Basic pleaded guilty to all charges, and was sentenced to 20 months’ imprisonment for the first set of charges, and an aggregate sentence of 18 months’ imprisonment with a 12 month Community Correction Order (CCO) for the second set of charges. The total effective sentence amounted to 23 months’ imprisonment in combination with a 12 month CCO.

The legal issues before the court were whether the sentence imposed on the second set of charges was manifestly inadequate, and whether it was appropriate to fix a sentence of imprisonment of just below 2 years in order to avoid the limitations of section 44(1) of the Sentencing Act 1991. The court held that the sentence on the second set of charges was manifestly inadequate given the possession of firearms for the purpose of criminal activity. The court noted that the total effective sentence of 23 months’ imprisonment with a 12 month CCO was appropriate given the totality of the offending, but the sentence on the second set of charges needed to be increased. The court held that it was appropriate to fix a sentence of imprisonment of just below 2 years in order to avoid the limitations of section 44(1) of the Sentencing Act 1991.

The appeal was allowed and the CCO imposed below was set aside. The court substituted a CCO of four years with 400 hours of community service, effective from the date of the original sentence. The court also noted that the total effective sentence remained 23 months’ imprisonment with a 4 year CCO. The court approved the decision in DPP v Grech [2016] VSCA 98, which held that it was appropriate to fix a sentence of imprisonment of just below 2 years in order to avoid the limitations of section 44(1) of the Sentencing Act 1991.