R v Karimi; R v Khoury; R v Mir (No. 11) [2013] NSWSC 1761

Supreme Court New South Wales

Medium Neutral Citation: R v Karimi; R v Khoury; R v Mir (No. 11) [2013] NSWSC 1761 Hearing dates: 20 June 2013, 9 August 2013, 30 August 2013, 25 September 2013, 11 October 2013 Decision date: 29 November 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: John Khoury For Count 1, conspiracy to commit armed robbery at Villawood on 29 June 2010, sentenced to imprisonment comprising a non-parole period of four years commencing on 29 September 2010 and expiring on 28 September 2014, with a balance of term of two years commencing on 29 September 2014 and expiring on 28 September 2016. For Count 12, the offence of possession of a prohibited firearm at Villawood between 29 June 2010 and 4 July 2010, sentenced to imprisonment comprising a non-parole period of three years commencing on 29 September 2010 and expiring on 28 September 2013, with a balance of term of one year commencing on 29 September 2013 and expiring on 28 September 2014. For Count 2, the specially aggravated break, enter and steal committed at Ashcroft on 29 June 2010, sentenced to imprisonment comprising a non-parole period of seven years commencing on 29 September 2012 and expiring on 28 September 2019, with a balance of term of three years commencing on 29 September 2019 and expiring on 28 September 2022. For Count 4, the recruitment of Tomasi Natuba at Chester Hill on 1 July 2010, sentenced to a fixed term of imprisonment of three years commencing on 29 September 2015 and expiring on 28 September 2018. For Count 5, the armed robbery of Maxine Rogers at Warwick Farm on 1 July 2010, sentenced to imprisonment comprising a non-parole period of seven years commencing on 29 September 2015 and expiring on 28 September 2022, with a balance of term of three years commencing on 29 September 2022 and expiring on 28 September 2025. For Count 8, the armed robbery of Tracey Burgess at Lurnea on 1 July 2010, sentenced to imprisonment comprising a non-parole period of seven years commencing on 29 September 2017 and expiring on 28 September 2024, with a balance of term of four years commencing on 29 September 2024 and expiring on 28 September 2028. For Count 9, the offence of conspiracy to murder at Sydney on or about 3 July 2010, sentenced to imprisonment comprising a non-parole period of nine years commencing on 29 September 2020 and expiring on 28 September 2029, with a balance of term of three years commencing on 29 September 2029 and expiring on 28 September 2032. For Count 6, the murder of Kesley Burgess at Lurnea on 1 July 2010, sentenced to imprisonment comprising a non-parole period of 18 years commencing on 29 September 2024 and expiring on 28 September 2042, with a balance of term of eight years commencing on 29 September 2042 and expiring on 28 September 2050. John Khoury will not be eligible for release to parole until 28 September 2042. The total effective sentence for John Khoury is one comprising a non-parole period of 32 years and a balance of term of eight years. Mohammad Jawad Karimi For Count 1, conspiracy to commit armed robbery at Villawood on 29 June 2010, sentenced to imprisonment comprising a non-parole period of four years commencing on 4 July 2010 and expiring on 3 July 2014, with a balance of term of two years commencing on 4 July 2014 and expiring on 3 July 2016. For Count 2, the specially aggravated break, enter and steal at Ashcroft on 29 June 2010, sentenced to imprisonment comprising a non-parole period of six years commencing on 4 July 2012 and expiring on 3 July 2018, with a balance of term of two years commencing on 4 July 2018 and expiring on 3 July 2020. For Count 5, the armed robbery of Maxine Rogers at Warwick Farm on 1 July 2010, sentenced to imprisonment comprising a non-parole period of seven years commencing on 4 July 2015 and expiring on 3 July 2022, with a balance of term of three years commencing on 4 July 2022 and expiring on 3 July 2025. For Count 8, the armed robbery of Tracey Burgess at Lurnea on 1 July 2010, sentenced to imprisonment comprising a non-parole period of seven years commencing on 4 July 2017 and expiring on 3 July 2024, with a balance of term of three years commencing on 4 July 2024 and expiring on 3 July 2027. For Count 9, conspiracy to murder at Sydney on or about 3 July 2010, sentenced to imprisonment comprising a non-parole period of nine years commencing on 4 July 2020 an expiring on 3 July 2029, with a balance of term of three years commencing on 4 July 2029 and expiring on 3 July 2032. For Count 11, possession of a prohibited firearm at Miller on 4 July 2010, sentenced to imprisonment comprising a non-parole period of three years commencing on 4 July 2020 and expiring on 3 July 2023, with a balance of term of one year commencing on 4 July 2023 and expiring on 3 July 2024. For Count 6, the murder of Kesley Burgess at Lurnea on 1 July 2010, sentenced to imprisonment comprising a non-parole period of 17 years commencing on 4 July 2023 and expiring on 3 July 2040, with a balance of term of seven years commencing on 4 July 2040 and expiring on 3 July 2047. The earliest date upon which Mohammad Jawad Karimi will be eligible for release on parole is 3 July 2040. The total effective sentence for Mohammad Jawad Karimi is one comprising a non-parole period of 30 years, with a balance of term of seven years. Mahdi Mir For Count 5, the armed robbery of Maxine Rogers at Warwick Farm on 1 July 2010, sentenced to imprisonment comprising a non-parole period of seven years commencing on 22 July 2010 and expiring on 21 July 2017, with a balance of term of three years commencing on 22 July 2017 and expiring on 21 July 2020. For Count 8, the armed robbery of Tracey Burgess at Lurnea on 1 July 2010, sentenced to imprisonment comprising a non-parole period of seven years commencing on 22 July 2012 and expiring on 21 July 2019, with a balance of term of four years commencing on 22 July 2019 and expiring on 21 July 2023. For Count 6, the murder of Kesley Burgess at Lurnea on 1 July 2010, sentenced to imprisonment comprising a non-parole period of 19 years commencing on 22 July 2015 and expiring on 21 July 2034, with a balance of term of seven years commencing on 22 July 2034 and expiring on 21 July 2041. The earliest date upon which Mahdi Mir will be eligible for release on parole is 21 July 2034. The total effective sentence imposed for Mahdi Mir is one comprising a non-parole period of 24 years, with a balance of term of seven years. Catchwords: CRIMINAL LAW - sentencing after trial - murder - specially aggravated break, enter and steal (with wounding) - armed robbery - conspiracy to murder - recruit person to criminal group - possession of prohibited firearm - home invasions committed over three-day period - invaders armed with machete and shortened firearm (29 June 2010 offences) and meat cleavers (1 July 2010 offences) - occupant at one home seriously injured - occupant of another home killed whilst resisting invaders - offenders members of criminal group - leader of group (Khoury) and his senior assistant (Karimi) - Mir an armed invader in two home invasions on same night (the second involving murder) - objective gravity of offences - importance of specific and general deterrence - accumulation, concurrency and totality Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Standard Non-Parole Periods) Act 2013 Firearms Act 1996 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Green v The Queen [2011] HCA 49; 244 CLR 462 Haines v R [2012] NSWCCA 238 Jimmy v R [2010] NSWCCA 60; 77 NSWLR 540 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Paxton v R [2011] NSWCCA 242; 219 A Crim R 104 R v Isaacs (1997) 41 NSWLR 374 R v Knight [2005] NSWCCA 253; 155 A Crim R 252 R v MA; R v Byquar; R v Ramos [2012] NSWSC 1527 R v MAK [2006] NSWCCA 381; 167 A Crim R 159 R v Murrell [2012] NSWCCA 90 R v Natuba; R v Tamapua [2012] NSWSC 1569 R v Pham and Ly (1991) 55 A Crim R 128 R v Previtera (1997) 94 A Crim R 76 Ta'ala v R [2008] NSWCCA 132 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Wahl v State of Tasmania [2012] TASCCA 5 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Mohammad Jawad Karimi (Accused) John Khoury (Accused) Mahdi Mir (Accused) Representation: Counsel: Mr KL McKay (Crown) Mr E Wasilenia (Karimi) Mr A Radojev (Khoury) Mr DN Stewart (Mir) Solicitors: Director of Public Prosecutions (NSW) (Crown) Crimlaw (NSW) Pty Limited (Karimi) Macquarie Lawyers Burwood (Khoury) Shiranica Danieli Lawyers (Mir) File Number(s): 2010/223311; 2010/324901 (Karimi) 2010/323677 (Khoury) 2010/244495 (Mir) Publication restriction: ---