Kenan Basic’s stalking jail sentence scrapped years after he was falsely imprisoned

An Aussie dad who was jailed for a fake assault used that ordeal to claim he was “set up” in separate crimes he actually did commit, a court has heard.

An Aussie dad who was jailed when he was falsely accused of assault used that ordeal to claim he was “set up” in separate crimes he actually did commit, a court has heard.

The bizarre twist in the ongoing legal saga against 41-year-old Kenan Basic was aired in the NSW District Court on Thursday as he successfully argued for a non-custodial sentence for the stalking charges.

Last year, Basic was sentenced to 12-months in prison after he was found guilty of stalking two young women in Sydney’s southwest in the early hours of the morning.

In early 2018, he frighteningly followed the women part way home from their work at a club in Bankstown. He had even asked one woman what time she finished her shift so he knew when to stalk her.

Kenan Basic has had a rollercoaster few years in the courts. Picture: 7News

Now, the Sydney dad has been re-sentenced to a 15-month community-based intensive correction order (ICO) for the crimes.

In the appeal hearing, Crown prosecutor Mr Meade told the court any finding of remorse in this court should be “extremely minimal”.

“In both this court and the lower court he’s contested the charges on the basis of identity, which is not finding remorse,” Mr Meade said.

“He tried his hand that it merely was not him … (In the sentencing assessment report) it’s quoted ‘he denied it and said he was set up as he has been falsely accused in the past,”.

Meade was referring to a separate case in which Basic sensationally spent a week in Silverwater Jail after a 19-year-old woman falsely accused him of asking her for sexual favours as payment for fixing her car.

Basic’s sentence appeal was upheld on Thursday. Picture: Facebook

Caitlyn Gray was sentenced to nine months jail with a five-month non-parole in August 2019 for lying about the ordeal, which included falsely claiming Basic touched her breasts and vagina and stalked her car.

But Basic’s defence barrister, David Phillips, told the court on Thursday that while the effect on the actual stalking victims was exacerbated by Gray’s false reporting, his client had in fact accepted wrongdoing and since shown remorse.

Mr Phillips said Basic was “not a danger to society”.

He told the court Basic was diagnosed with anxiety and depression stemming from the trauma of fleeing Bosnia in 2000 at aged 18, which “would in part explain his conduct — not fully”.

“The accused’s father disappeared in Bosnia in 1992 ... That impact of a population being subject to genocide would’ve been stark on a young boy aged between 12 and 15”.

In deciding whether to downgrade Basic’s sentence, Judge Justin Smith said the offending was serious.

Caitlyn Gray was sentenced to jail for lying about the assault. Picture: News.com.au

“Each (offence) involved the offender following a young female employee out of a club in the early hours of the morning and following them in his car from the club even when they tried to evade him,” he said.

“No doubt that would’ve been scary for young vulnerable people where they had little protection available”.

But he said the question of remorse was “difficult”.

“On one hand, the author of the sentencing assessment report says he denies committing the offences and says he was set up by staff and police as he was falsely accused of prior offending ... I have rejected that previously,” Judge Smith said.

“On the other hand, he has in a letter to the court expressed some remorse for his actions, saying this was an honest mistake of misunderstanding ... There appears to be a lack of insight and a lack of appreciation as to how other people might react to him”.

CCTV footage revealed Basic did not assault Gray as she had claimed.

Ultimately, Judge Smith ruled he would better learn how his actions impact others through community rehabilitation than in prison.

“I accept he shows some remorse. The chances of reoffending are fairly low,” he said.

For two counts of stalk or intimidate with intent to cause fear, Basic was re-sentenced to an aggregate term of 15-months imprisonment, to be served in the community by way of an ICO.

For the length of the order, he must not commit any further offences, get counselling and do 60 hours of community service.

Addressing Basic, Judge Smith told him to “take the opportunity” he’s given.

“Continue with counselling, understand why you’ve acted in the way you have and make sure you don’t do it again,” he said.

In September 2019, Gray appealed her sentence at Parramatta District Court.

She was re-sentenced to nine months imprisonment with a non-parole period of four months, allowing her to be eligible for parole one week earlier than her initial sentence.