Regina v Michael Kanaan [2006] NSWSC 539

New South Wales Supreme Court

CITATION : Regina v Michael Kanaan [2006] NSWSC 539

HEARING DATE(S) : 8,9,10,11,12,15,16,17,18,22,23,24,25,26 May 2006

JUDGMENT DATE : 31 May 2006

JUDGMENT OF : Latham J

DECISION : Count 5 in the Indictment: sentenced to 8 years to date from 30 March 2006 with a non parole period of 5 years to date from 30 March 2006 expiring 29 March 2011; Count 6 in the Indictment: sentenced to 7 years to date from 30 March 2006 expiring 29 March 2013 with a non parole period of 4 years to date from 30 March 2006 expiring 29 March 2010; Count 2 in the Indictment: sentenced to 10 years to date from 30 March 2008 expiring 29 March 2018 with a non parole period of 5 years to date from 30 March 2008 expiring 29 March 2013.

CATCHWORDS : Sentence - Maliciously Discharge Firearm with intent to cause grievous bodily harm - Maliciously Discharge Firearm with Intent to Prevent Lawful Apprhenension - Armed Offender Fleeing from Police - Conviction after trial.

LEGISLATION CITED : Crimes Act 1900

CASES CITED : Kanaan & Ors v Regina (2006) NSW CCA 109 Regina v Kanaan (2005) NSW CCA 385

PARTIES : Regina Michael Kanaan

FILE NUMBER(S) : SC 2000/11

COUNSEL : Crown - M Cunneen Offender - CB Simpson

SOLICITORS : Crown - S Kavanagh Offender - Michael Croke & Co

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION LATHAM J

31 May 2006

2000/11 Regina v Michael KANAAN

SENTENCE

1 LATHAM J: Michael Kanaan (the offender) was found guilty by a jury on 29 May 2006 of two counts of maliciously discharge firearm with intent to cause grievous bodily harm and one discharge firearm with intent to prevent his lawful apprehension. Each of the offences carries a maximum penalty of fourteen years imprisonment pursuant to section 33A of the Crimes Act 1900. 2 The offences arose out of an encounter between the offender and two police officers in the early hours of 22 December 1998. I regard the following summary of the facts as having been established by the jury's verdicts: The offender was a rear seat passenger in a vehicle, in which three other persons were travelling, namely Mark Cheihk, Ian Rossini (as the offender came to be known) and Mr El Asaad. A fully marked police vehicle driven by constable Fotopoulos (as he then was), with constable Christopher Patrech (as he then was) as passenger, followed the offender's vehicle into a dead-end street, Alma Street in Paddington. The occupants of the offender's vehicle left the vehicle and proceeded on to Weigall Sports Ground. The police officers gave chase, shouting at various intervals "stop, police". Mr Rossini, the offender and Mr El Asaad were all in possession of pistols, having armed themselves earlier in the evening when leaving the offender's premises. In the course of the chase, Mr Rossini and Mr El Asaad threw their pistols away . 3 Mr Rossini was able to scale a cyclone wire fence and make good his escape into Vialoux Street and thence to Goodhope Street and Oxford Street. Mr El Asaad was tackled by constable Fotopoulos and remained pinned to the ground. The offender and Mr Cheihk scaled a cyclone wire fence on to a tennis court. Constable Patrech climbed after the offender and was able to reach the top of the fence. Mr Cheihk continued to run across the tennis court and into Nield Avenue. The offender, however, stopped and turned to face the police officers.