R v ANTAKY [2007] NSWSC 1047

New South Wales Supreme Court

CITATION : R v ANTAKY [2007] NSWSC 1047

HEARING DATE(S) : 24 August 2007

JUDGMENT DATE : 14 September 2007

JUDGMENT OF : Hulme J at 1

DECISION : I sentence the Prisoner to imprisonment for a non-parole period of 6 years commencing on 4 October 2005, with a balance of term of 2 years commencing on 4 October 2011. I record as the date upon which it appears to me that the Prisoner shall be eligible for parole 4 October 2011

PARTIES : Regina John Antaky

FILE NUMBER(S) : SC 2006/2339

COUNSEL : Crown: Ms W Robinson SC Prisoner: Mr P Bodor QC

SOLICITORS : Crown: S Kavanagh Prisoner: John Hertz & Associates

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

HULME J

324/2006

14 September 2007 Regina v John ANTAKY REMARKS ON SENTENCE 1 HIS HONOUR: On 5 February 2007 John Antaky was arraigned on a charge:- "For that he on 4 October 2005 at Guildford West… did murder Joseph Harb. 2 He pleaded not guilty. On 8 March 2007 a jury found him not guilty of murder but guilty of manslaughter. Having regard to the issues that were left to the jury, the basis of the jury's verdict was the legal doctrine of substantial impairment by abnormality of mind, embodied in s23A of the Crimes Act. Furthermore, in light of the evidence, it is the only rational basis upon which manslaughter could be found. 3 It falls to me to sentence the Prisoner. In the determination of the sentence I am required to make findings of fact which are consistent with the jury's verdict. In doing so, any matters tending to aggravate the prisoner's criminality must be found beyond reasonable doubt but it is sufficient to find matters tending in mitigation on the balance of probabilities. 4 The circumstances of and immediately preceding the death of Joseph Harb were as follows. During the afternoon of his death Joseph Harb had been engaged in an argument with his wife Isabelle at her home at 29 Leach Road, Guildford West. Later there was an altercation, involving a limited degree of assault, between him on the one hand and Isabelle and her sister Janette Atieh at the latter's house at 35 Leach Road, Guildford West. Some of the participants would seem to have reacted by screaming. The incident or its aftermath attracted the attention of neighbours and others in the street. Some, including Therese Sleiman who lived opposite Janette at 34 Leach Road, sought to comfort Isabelle and after a time Mrs Sleiman, Isabelle and the deceased repaired to the kitchen of Mrs Sleiman's house. Some little time then elapsed, enough for Mrs Slieman to go across the road and talk to Janette and return. 5 During or after the altercation Saad Antaky, a brother of the Prisoner, Janette and Isabelle, had been rung, probably by Janette. He drove to Leach Road and parked in Janette's driveway. He was informed that the deceased was at Mrs Sleiman's house and then ran across the road and into the premises. He went through to the kitchen at the back and then commenced to attack the deceased. Others then entered the kitchen including a neighbour Ned Kozar, Mrs Sleiman's nephew John, her daughter Christian, Janette and her daughters Bernadette and Therese. Efforts were made by a number of these persons to break up the fight that was occurring between the deceased and Saad Antaky. 6 Also during or soon after the altercation, Janette's daughter Bernadette Agnas, had telephoned the Prisoner. She spoke to him in Arabic using terminology which is susceptible of a variety of meanings. The Prisoner's account and understanding of the conversation as he gave it in evidence was as follows:- The Prisoner: What's wrong. Bernadette: We have trouble with the monster.