R v Mehajer & Jacobs [2003] NSWSC 885

New South Wales Supreme Court

CITATION : R v Mehajer & Jacobs [2003] NSWSC 885 revised - 03/10/2003 HEARING DATE(S) : 22 April - 21 May, 8 August 2003 JUDGMENT DATE : 2 October 2003

JURISDICTION: Common Law Division Criminal List JUDGMENT OF : Studdert J DECISION : MEHAJER: For the offence of robbery in company with wounding of Shane Henry Lee Phillips charged in the third count, sentenced to a fixed term of imprisonment of four years, commencing 30 January 2003 and expiring 29 January 2007. No non parole period set having regard to the sentence to be imposed under the first count. For the crime of murder charged in the first count, sentenced to a term of imprisonment of eighteen years to be served in part cumulatively upon and otherwise concurrently with the sentence imposed on the third count. The sentence for the crime of murder is to commence on 30 July 2003 and is to expire on 29 July 2021. Non parole period of thirteen years six months. The first date upon which the prisoner is to be eligible for release on parole is 29 January 2017. For the offence of robbery in company causing grievous bodily harm charged in the second count, sentenced to a fixed term of imprisonment of five years to be served concurrently with the sentence imposed for murder and to commence on 30 July 2003. No non parole period set because of the sentence imposed for the crime of murder. JACOBS: For the crime of robbery in company and wounding of Shane Henry Lee Phillips charged in the third count, a fixed term of imprisonment of four years commencing 15 October 2001 and expiring 14 October 2005. No non parole period because of the sentence to be imposed for the crime of murder. For the crime of murder charged in the first count, a sentence of imprisonment of sixteen years six months to be served in part cumulatively upon the sentence imposed on the third count and the sentence for murder is backdated to commence on 15 April 2002 and to expire on 14 October 2018. Set a non parole period of twelve years six months to expire on 14 October 2014. For the crime of robbery in company causing grievous bodily harm charged in the second count, sentenced to a term of imprisonment of five years to be served concurrently with the sentence imposed for murder and backdated to commence on 15 April 2002. No non parole period set because of the sentence imposed for the crime of murder. The first date upon which the prisoner is to be eligible for release on parole is 14 October 2014.