NSW Caselaw
New South Wales Supreme Court
CITATION : R v AOUN [2006] NSWSC 800
HEARING DATE(S) : 7 August 2006
JUDGMENT DATE : 7 August 2006
JUDGMENT OF : Hulme J at 1
DECISION : Sentence you to imprisonment for a non-parole period of 13 years commencing on 18 May 2006 together with a balance of term of 4 years and 3 months commencing on 18 May 2019. The earliest day upon which it appears you will be entitled to be eligible to be released on parole is 18 May 2019.
PARTIES : Regina Gabriel AOUN
FILE NUMBER(S) : SC 2005/2145
COUNSEL : Crown: W Roser Prisoner: B Quinn
SOLICITORS : Director of Public Prosecutions Legal Aid of NSW
- 14 - IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION
HULME J
7 August 2006
2005/2145 R v Gabriel AOUN
REMARKS ON SENTENCE 1 HIS HONOUR: On 28 June 2003 Gabriel Aoun was convicted by a jury of having, on 7 December 2003, been an accessory before the fact to the murder of Sayed Frangieh. It now falls to me to sentence Mr Aoun. 2 Incidental to that task is to arrive at conclusions as to his criminality and the circumstances of his offending and to other matters relevant to the task. I record that, apart from matters necessarily flowing from the verdict of the jury, I must be satisfied beyond reasonable doubt of any matters I use adversely to the Prisoner. It is sufficient if I am satisfied on the balance of probabilities as to matters going in mitigation. 3 I should add that, although it is necessary in that task for me to canvass evidence that describes or refers to the actions of others, those persons were not tried at the same time as the Prisoner. They may not even have been charged. No evidence they could give was before me nor did they have the opportunity of challenging any evidence that was given, and any remarks I make or conclusions I draw as to their involvement must be considered in that light. I am informed that some of them are to face some charges and in these circumstances I have thought it proper to refer to those persons by pseudonyms rather than BY their names.
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