R v Moustafa Mariam [2012] NSWSC 1496

Supreme Court New South Wales

Medium Neutral Citation: R v Moustafa Mariam [2012] NSWSC 1496 Hearing dates: 30 August; 9th November 2012 Decision date: 29 November 2012 Before: Latham J Decision: Convicted of Affray. Taking into account the pre-sentence custody of one year 6 months 22 days offender is sentenced to a non parole period equal to that period to date from 7 May 2011 expiring 28 November 2012. Balance of term is 8 months and 9 days expiring 6 August 2013 Catchwords: CRIMINAL LAW – sentencing – guilty plea – affray – need for parity – relevance of discharge of loaded firearms – presence of bystanders at risk of serious injury – evidence of planning and premeditation – offence not in worst category – limited role of offender – need for general deterrence – limited need for specific deterrence – early plea – reasonable prospects of rehabilitation Cases Cited: Khanwaiz & Ors v R [2012] NSWCCA 168 R v Abdulhardi NSWSC 20 April 2012 R v Mariam [2012] NSWSC 1023 Stevens v R [2007] NSWCCA 152 Category: Sentence Parties: Regina - (Crown) Moustafa Mariam - (Offender) Representation: Counsel P Barrett - (Crown) T Hoyle SC - (Offender) Solicitors Solicitor for Public Prosecutions - (Crown) Matouk Joyner Lawyers - (Offehder) File Number(s): 2010/96565

SENTENCE 1The offender, Moustafa Mariam, pleaded guilty to Affray on 30 August 2012 for his part in the events of 25 June 2009 in a carpark at Milperra, where eleven young men gathered to settle a dispute between two opposing groups. The tragic consequences of that evening have already been the subject of sentences imposed upon this offender's older brother, Mahmoud Mariam (see R v Mariam [2012] NSWSC 1023). This offender stands to be sentenced on the basis of an agreed statement of facts that does not attribute to him any knowledge of the presence of firearms at the scene. 2The offence of affray caries a maximum penalty of 10 years imprisonment. There are obvious considerations of parity at play, given the sentencing of a number of co-offenders for their part in the same affray. I have previously commented on the absence of any upward movement in relation to the range of sentences imposed for affray since the maximum penalty was doubled as and from 15 December 2005 ; R v Abdulhardi NSWSC 20 April 2012.