R v Jaghbir (No 4) [2020] NSWSC 1704

Supreme Court New South Wales

Medium Neutral Citation: R v Jaghbir (No 4) [2020] NSWSC 1704 Hearing dates: 5 November 2020 Date of orders: 2 December 2020 Decision date: 02 December 2020 Jurisdiction: Common Law Before: Davies J Decision: For the offence of procuring, aiding and counselling unknown persons to murder Kemel Barakat, Ahmed Jaghbir is sentenced to a non-parole period of six years and six months commencing 10 October 2020 and expiring 9 April 2027 with a balance of term of four years expiring 9 October 2031 Catchwords: CRIME - sentence - accessory before the fact to murder - where offender asked by deceased to replace front door and lock to deceased's apartment - where offender assisted assailants in the procuring of a key to the deceased's apartment - where offender knew that the deceased was to be shot in the deceased's apartment - where opportunity arose fortuitously and did not involve extensive planning -where offender took advantage of the trust the deceased had in him to replace the door - where offender had no prior criminal history - where offender convicted of offences subsequent to the index offence - expert evidence of offender's low intelligence - where offender continued to deny involvement in the offending - lack of remorse - low risk of reoffending - where finding of special circumstances because offender in protection in custody - where standard non-parole period for murder does not apply to charge of accessory before the fact SENTENCING – non-parole period – standard non-parole period – whether applicable for accessory before the fact to murder SENTENCING – accessory before the fact to murder - victim impact statement – whether deceased died as a direct result of the offence – whether should be taken into account in determination of the punishment for the offence Legislation Cited: Crimes Act 1900 (NSW) ss 18, 93T, 346 Crimes (Sentencing Procedure) Act 1999 (NSW) ss21A, 28, 54, 61 Cases Cited: Aoun v R [2007] NSWCCA 292 Karl Suleman v R [2009] NSWCCA 70 Lu v R [2014] NSWCCA 307 R v AC (No 7) [2016] NSWSC 404 R v Jaghbir (No 3) [2020] NSWSC 1383 R v Kirchner [2011] NSWSC 1516 R v Nathan John Blundell [2016] NSWSC 1810 R v Proud [2017] NSWSC 286 R v Robert Nikolovski [2018] NSWSC 1147 R v Zanker (No 2) [2017] NSWSC 1254 Texts Cited: Nil Category: Principal judgment Parties: Crown Ahmed Jaghbir (Accused) Representation: Counsel: C Taylor (Crown) G James QC & E James (Accused)