R v Hachem [2023] NSWSC 535

Supreme Court New South Wales

Medium Neutral Citation: R v Hachem [2023] NSWSC 535 Hearing dates: 13 December 2022, 14 April 2023 Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) The offender is sentenced for the murder of Samah Baker, taking into account the two offences of dishonestly obtaining financial advantage by deception on the Form 1, to imprisonment for a non-parole period of 18 years commencing on 8 March 2019 and expiring on 7 March 2037 and a balance of term of 6 years expiring on 7 March 2043. (2) Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is directed that the offence of murder be recorded on the offender's criminal record as a domestic violence offence. Catchwords: CRIMINAL LAW – Sentence – Murder – Offender found guilty after trial – necessary to find facts consistent with verdict of jury – domestic violence offence – offender angered by victim's relationship with another man – victim impact statements – no prior criminal history – location of victim's body not disclosed – no mental health issues casually related to offending Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 5, 11, 12 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A(2)-(3), 22A, 30E, 32, 33, 34, 35, 44(2), 61, Crimes Act 1900 (NSW) ss 18, 192E Crimes Legislation Amendment (Victims) Act 2018 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) s 25C Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (NSW) (2002) 56 NSWLR 14; [2002] NSWCCA 518 Cherry v R [2017] NSWCCA 150 Droudis v The Queen (2020) 103 NSWLR 806; [2020] NSWCCA 322 GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22 Lloyd v R [2022] NSWCCA 18 Patsan v R [2018] NSWCCA 129 R v Edwards (No 3) [2019] NSWSC 1815 HCA 54 R v JD [2018] NSWCCA 233 The Queen v Olbrich (1999) 199 CLR 270; [1999] Category: Sentence Parties: Rex (Crown) James Hachem (Offender) Representation: Counsel: H Roberts SC and F Gray (Crown) D McMahon (Offender)