R v Keleklio; R v Sinai [2022] NSWSC 62

Supreme Court New South Wales

Medium Neutral Citation: R v Keleklio; R v Sinai [2022] NSWSC 62 Hearing dates: 27 August 2021; 13 December 2021 Decision date: 25 February 2022 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Arthur Keleklio is convicted and sentenced to imprisonment for 27 years with a non-parole period of 20 years and 3 months, dating from 13 February 2018. Abraham Sinai is convicted and sentenced to imprisonment for 30 years with a non-parole period of 22 years and 6 months, dating from 30 May 2019. Catchwords: CRIME — murder – intention to kill — complicity — joint criminal enterprise — same level of culpability among offenders despite different roles SENTENCING — aggravating factors — planned or organised criminal activity — substantial harm, injury, loss or damage — victim impact — use of weapon SENTENCING — mitigating factors — late plea of guilty — utilitarian value of plea reduced in absence of acceptable justification for delay — mental illness — extensive history of anxiety and depression — low level of intellectual capacity — mental condition not causally connected to offending — prospects of rehabilitation — remorse — unlikely to re-offend SENTENCING — relevant factors on sentence — co‑offenders — joint criminal enterprise — parity — offenders given same starting point for sentences — deterrence — emphasis on general deterrence to reflect affront of gun violence in public — need for general deterrence, retribution and denunciation reduced due to level of cognitive capacity and mental condition — extensive history of anxiety and depression — special circumstances — avoidance of double counting Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: Ah Keni v R [2021] NSWCCA 263 James v R [2021] NSWCCA 23 R v Fidow [2004] NSWCCA 172 Category: Sentence Parties: Proceedings 2018/48954 Regina (Crown) Arthur Keleklio (Accused)