R v Hawi [2012] NSWSC 332

Supreme Court New South Wales

Medium Neutral Citation: R v Hawi [2012] NSWSC 332 Hearing dates: 24 February 2012 Decision date: 10 April 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Imprisonment for 28 years 6 months with non-parole period of 21 years 6 months Catchwords: CRIMINAL LAW - sentence - murder and affray - violent confrontation between members of rival bikie gangs at airport terminal - offender leader of Comanchero gang - killing of associate of rival Hells Angels gang - claims of provocation, duress and self-defence rejected Category: Sentence Parties: Regina Mahmoud Hawi Representation: Ms N Adams with Ms H Roberts (Crown) Mr P Dunn QC (Offender) Solicitor for Public Prosecutions Sid Hawach & Co File Number(s): 2009/50087; 2009/52582 Publication restriction: Non-publication of anything that would identify witnesses known as SP and AL

Judgment 1HIS HONOUR: On 2 November 2011, the offender, Mahmoud Hawi, was found guilty by a jury of the offences of affray and murder. 2The maximum penalty for affray is imprisonment for 10 years and for murder it is imprisonment for life. A standard non-parole period of 20 years is prescribed for the offence of murder. These are statutory guideposts that I am required to take into account, along with all of the other facts, matters and circumstances pertinent to the assessment of sentence. 3The trial commenced with the empanelment of the jury on 24 May 2011 with seven accused. The jury retired on 29 September 2011 and returned its verdicts on 2 November 2011. 4I heard and received evidence and submissions on sentence on 24 February 2012 before standing the matter over until today.