R v Fadi Shamoun [2012] NSWSC 716

Supreme Court New South Wales

Medium Neutral Citation: R v Fadi Shamoun [2012] NSWSC 716 Hearing dates: 6 - 9 February 2012; 13 - 17 February 2012; 20 - 24 February 2012; 27 - 29 February 2012; 1 - 2 March 2012; 5 - 8 March 2012; 12 - 16 March 2012; 19 - 23 March 2012; 26 - 28 March 2012; 8 June 2012. Decision date: 29 June 2012 Before: Bellew J Decision: This decision has been amended. Please see the end of the judgment for the details of the amendments. (i) In respect of the offence of the murder of Richard Carruthers the offender is sentenced to a non-parole period of 20 years imprisonment commencing on 4 June 2009 and ending on 3 June 2029, with an additional term of 7 years imprisonment, commencing on 4 June 2029 and ending on 3 June 2036, a total term of 27 years imprisonment. (ii) In respect of the offence of maliciously wounding Phuong Carruthers, the offender is sentenced to a non parole period of 9 months imprisonment, commencing on 4 June 2009 and ending on 3 March 2010, with an additional term of 3 months imprisonment, commencing on 4 March 2010 and ending on 3 June 2010, a total term of 12 months imprisonment. (iii)The offender will be obliged to serve a total non-parole period of 20 years and 3 months imprisonment, commencing on 4 June 2009 and ending on 3 September 2029. (iv) The offender will be eligible for release on parole on 4 September 2029 and his sentence will expire on 3 June 2036. Catchwords: CRIMINAL LAW - sentence - murder - whether offender had an intention to kill or an intention to inflict grievous bodily harm - whether offender acted for reward - effect of offender's brain injury upon need for general deterrence - whether special circumstances - malicious wounding - whether partial accumulation of sentences warranted Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: Muldrock v R (2011) 244 CLR 120 Pearce v R (1998) 194 CLR 610 R v Carter [2003] NSWCCA 243 R v Bollen (1998) 99 A Crim R 510 R v Fidow [2004] NSWCCA 172 R v Henry (1999) 46 NSWLR 346 R v Isaacs (1997) 41 NSWLR 374 R v MAK; R v MSK (2006) 167 A Crim R 195 R v Presser [1958] VR 45 R v Previtera (1997) 94 A Crim R 76 R v Simpson (2001) 53 NSWLR 704 Category: Sentence Parties: Regina Fadi Shamoun (offender) Representation: C K Maxwell QC - Crown J Stratton SC - Offender Director of Public Prosecutions (NSW) - Crown Nyman Gibson Stewart - Offender File Number(s): 2009/00150709