Tomislav Bicanic

Admission dates

Legal Profession: 2017
NSW Bar: 2018
Also entitled to practise in: All Australian jurisdictions (State, Territory and Commonwealth)

Principal areas of practise

• Criminal Law
  • Summary and Indictable
  • Bail, Hearing, Trial, Sentence and Appeal
• Quasi-criminal
  • Commissions of Inquiry
  • Crime Commission (State and Commonwealth)
  • Coronial Inquests
• Constitutional Law
• Administrative Law

Memberships and panels

• NSW Bar Association New Barristers Committee (2020-2021; 2021-current)
• Director, Trust Chambers
• NSW Director of Public Prosecutions Private Briefing Panel
• NSW Legal Aid Criminal Law Panel (summary)
• NSW Federal Court Pro Bono Assistance Scheme

Recent cases

• Burke v The Queen [2022] NSWCCA 6 (Unled.  Sentence appeal – manifest excess – asserted internal disparity as between indicative sentences – appeal dismissed)
• Hunt v The Queen [2021] NSWCCA 192 (Unled.  Sentence appeal – appeal allowed – principles that apply to backdating commencement date of sentence where broken periods of pre-sentence custody – appellant resentenced)
• Alameddine v The Queen [2021] HCATrans 198 (12 November 2021) (Led by G. Reynolds SC.  Special leave application – asserted De Simoni error – proper construction of section 101.4 of the Criminal Code 1995 (Cth) – special leave refused)
• Doyle v The Queen [2021] NSWCCA 297 (Led by I. Lloyd QC.  Sentence appeal – historical matter – erroneous reference to non-parole period – error established but no lesser sentence warranted in law)
• Fisher v R; R v Fisher [2021] NSWCCA 91 (Led by A. Bellanto QC.  Conviction appeal and Crown sentence appeal – whether verdicts inconsistent – whether sentence manifestly inadequate – relevance of self-induced intoxication on sentence – conviction appeal dismissed – Crown appeal allowed)
• Weaver v R [2021] NSWCCA 215 (Led by I. Lloyd QC.  Sentence appeal – whether miscarriage arose in proceedings at first instance by tender of offender’s ERISP – appeal dismissed)
• Goldman v R [2021] NSWCCA 197 (Led by A. Bellanto QC.  Conviction appeal – whether verdict unreasonable – relevance of verdicts of not guilty in assessment of whether verdict of guilty is unreasonable – consideration of R v TK (2009) 74 NSWLR 299 – appeal dismissed)
• Petkos v R [2020] NSWCCA 55 (Led by I. Lloyd QC.  Sentence appeal – whether DPP v Maxwell (2013) 228 A Crim R 218 should be applied to offences under the Drug Misuse and Trafficking Act 1985 (NSW) – appeal dismissed).  Special leave refused: Petkos v The Queen [2020] HCATrans 212 (8 December 2020)
• Manojlovic v R; R v Manojlovic [2020] NSWCCA 315 (Led by I. Lloyd QC.  Conviction appeal – appeal dismissed – Crown sentence appeal – Crown appeal allowed)
• Kim v R [2020] NSWCCA 288 (Led by A. Bellanto QC.  Conviction appeal – appeal dismissed)
• PQR v Director of Public Prosecutions (NSW) [2020] NSWSC 731 (Led by A. Bellanto QC.  Interlocutory appeal on question of law from Children’s Court Magistrate – appeal dismissed)
• Casella v R [2019] NSWCCA 201 (Led by A. Bellanto QC.  Sentence appeal – appeal allowed – ICO imposed in lieu of term of full-time imprisonment)
• Ng v R [2019] NSWCCA 172 (Led by I. Lloyd QC.  Conviction appeal – appeal allowed – insufficient evidentiary basis to prove existence of joint criminal enterprise – conviction quashed)
• Daaboul v R [2019] NSWCCA 191; 100 NSWLR 682 (Led by A. Bellanto QC.  Conviction appeal – appeal allowed – verdict unreasonable – conviction quashed)
• Scahill v R [2019] NSWCCA 190 (Led by A. Bellanto QC.  Conviction appeal – unbalanced summing-up – appeal allowed – convictions quashed)
• Mansweto v R [2018] NSWCCA 232; 86 MVR 309 (Led by A. Bellanto QC.  Sentence appeal – dangerous driving – manifestly excessive – proper approach to matters on 166 certificate – appeal allowed)
• Chen v The Queen [2018] HCATrans 240 (Led by M. Thangaraj SC. Special leave refused)
• GG v The Queen [2019] HCASL 213 (Led by A. Bellanto QC. Special leave refused)