R v Linard SHAMOUIL; R v Steven DAVID [2009] NSWSC 24

New South Wales Supreme Court

CITATION : R v Linard SHAMOUIL; R v Steven DAVID [2009] NSWSC 24

HEARING DATE(S) : 13/11/08;18/1108;27/11/08;4/12/08.

JUDGMENT DATE : 6 February 2009

JUDGMENT OF : Hidden J

DECISION : Shamouil: imprisonment for 19 years, NPP 14 years 6 months, from 30/07/2011. David: on common assault, 6 months FT. On accessory after the fact to murder, imprisonment for 2 years 6 months, NPP 15 months, from 01/06/2008.

CATCHWORDS : CRIMINAL LAW - sentence - plea of guilty by Shamouil to murder - pleas of guilty by David to common assault, accessory after the fact to murder

CATEGORY : Principal judgment

CASES CITED : R v MAK [2006] NSWCCA 381, 167 A Crim R 159

Regina PARTIES : Linard Shamouil Steven David

FILE NUMBER(S) : SC 2008/6108; 2008/8233

PA Leask (Crown) COUNSEL : M Ramage QC (David) P Young SC (Shamouil)

V Engel (ODPP) SOLICITORS : D Miralis K Kyriacou

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J

6 February 2009

2008/6108; 2008/8233 R v Linard SHAMOUIL & Steven DAVID

REMARKS ON SENTENCE 1 HIDDEN J: The offenders, Linard Shamouil and Steven David, were to have faced trial for the murder of Ashoor Audisho at Fairfield West on 9 April 2006. In the event, Shamouil pleaded guilty to that charge. David pleaded guilty to a fresh indictment containing two counts: (1) common assault of Ashoor Audisho; (2) accessory after the fact to Shamouil's murder of Audisho.

The Crown takes no further proceedings in respect of the charge of murder against him.