R v Abbas [2013] NSWSC 1379

Supreme Court New South Wales

Medium Neutral Citation: R v Abbas [2013] NSWSC 1379 Hearing dates: 6 September 2013 Decision date: 20 September 2013 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: 1. For the offence of manslaughter the offender is convicted and sentenced to a term of imprisonment comprising a non-parole period of seven years commencing on 15 August 2011, and an additional term of four years commencing 15 August 2018. 2. For the offence of assault occasioning actual bodily harm in company the offender is convicted and sentenced to imprisonment for two years commencing 15 August 2017. 3. For the offence of possessing a prohibited pistol while not being authorised to do so the offender is convicted and sentenced to a term of imprisonment of three months to date from 20 September 2013. 4. The overall sentence will comprise a non-parole period of eight years imprisonment commencing 15 August 2011, and an additional term of three years. The offender will be eligible for release on parole on 15 August 2019 and his last sentence will expire on 14 August 2022. Catchwords: CRIMINAL LAW - sentence - guilty pleas - offence of manslaughter - unlawful and dangerous act - brandish a firearm - offence of assault occasioning actual bodily harm - beat a person to recover a drug debt - firearm offence - possession of prohibited pistol - victim impact statements - discount for utilitarian value of guilty pleas - concurrency and accumulation - need to avoid double punishment - special circumstances. Legislation Cited: - Crimes Act 1900 - Crimes (High Risk Offenders) Act 2006 - Crimes (Sentencing Procedure) Act 1999 - Firearms Act 1996 Cases Cited: - Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 - Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1 of 2002), Re [2002] NSWCCA 518; 56 NSWLR 146 - Berrier v R [2009] NSWCCA 40 - Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 - He Kaw Teh v R [1985] HCA 43; 157 CLR 523 - MAH v R [2006] NSWCCA 226 - Markarian v R [2005] HCA 25; 228 CLR 357 - Muldrock v R [2011] HCA 39; 244 CLR 120 - Pearce v R [1998] HCA 57; 194 CLR 610 - Portolesi v R [2012] NSWCCA 157 - R v Blacklidge (Court of Criminal Appeal, Gleeson CJ, 12 December 1995, unreported) - R v Henry [1999] NSWCCA 111; 46 NSWLR 346 - R v Macleod [2013] NSWCCA 108 - R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Sentence Parties: Crown Khaldoun Abbas (Offender) Representation: Counsel: Ms E.A. Wilkins SC (Crown) J.S. Stratton SC (Offender) Solicitors: Director of Public Prosecutions (Crown) Elie Rahme & Associates (Offender) File Number(s): 2011/260561 Publication restriction: Nil