R v Aouli [2011] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: R v Aouli [2011] NSWSC 1393 Hearing dates: 24 June 2011 Decision date: 15 July 2011 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Affray: Sentenced to a fixed term of imprisonment of 2 years 5 months. The sentence is to date from 27 March 2009 and expire on 26 August 2011. Manslaughter: Sentenced to imprisonment comprising a non-parole period of 3 years and a balance of the term of the sentence of 2 years 8 months. The sentence is to date from 27 September 2009. The offender will be eligible for release on parole upon the expiration of the non-parole period on 26 September 2012. The total term will expire on 26 May 2015. That is a total sentence of 6 years 2 months with a non-parole period of 3 years 6 months. Catchwords: CRIMINAL LAW - sentence - manslaughter and affray - melee between rival motorcycle club members at airport - deterrence and denunciation - plea of guilty - favourable subjective case - imposing a fixed term not justifying a reduction of sentence - special circumstances - parity with co-offenders Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Regina Maher Aouli Representation: Ms N Adams (Crown) Ms A Francis (Offender) Solicitor for Public Prosecutions Kiki Kyriacou Lawyers File Number(s): 2009/148558

Judgment 1HIS HONOUR: On 9 May 2011 the offender, Maher Aouli, pleaded guilty to offences of affray and manslaughter. The offences are against s 93C and ss 18 & 24 respectively of the Crimes Act 1900 and the maximum penalties are imprisonment for 10 years and imprisonment for 25 years. 2On 24 June 2011 I heard and received evidence and submissions on sentence before standing the matter over until today.