R v Becirovic (No 2)

This matter concerned an appeal by the applicant, R v Becirovic, to the Full Court of the Supreme Court of South Australia. The appeal related to sentencing orders made by a single judge following the applicant's convictions for firearms offences. The Director of Public Prosecutions also made submissions regarding the sentencing.

The primary legal issues before the Full Court were the appropriate head sentence for the firearms offences and the determination of a non-parole period. This required the Court to consider the maximum penalties for the offences, the circumstances of the offending, and factors relevant to the applicant's rehabilitation and the impact of his incarceration. The Court also had to address the fact that the original non-parole period had been fixed in relation to convictions that were subsequently quashed.

The Court affirmed the single sentence of two years imprisonment for the firearms offences, noting that the applicant had already served over 22 months of this sentence. In relation to the non-parole period, the Court exercised its power afresh under section 32 of the Sentencing Act. The Court acknowledged the applicant's personal circumstances, including his health concerns and the impact of his separation from his family, which were presented as incentives for rehabilitation. Considering these factors, the passage of time since the offending, and the time already served, the Court determined a non-parole period of 16 months to be appropriate. The head sentence and non-parole period were ordered to commence on 11 March 2016.