R v Safi [2014] NSWSC 1208

Supreme Court New South Wales

Medium Neutral Citation: R v Safi [2014] NSWSC 1208 Hearing dates: 19, 20, 21, 22, 23, 26, 27, 28 and 29 May 2014; 22 August 2014 Decision date: 05 September 2014 Jurisdiction: Common Law Before: Bellew J Decision: (1) The offender is sentenced to a non-parole period of 17 years imprisonment commencing on 30 October 2012 and expiring on 29 October 2029 with an additional term of 5 years and 8 months imprisonment commencing on 30 October 2029 and expiring on 29 June 2035. (2) The total sentence is one of 22 years and 8 months imprisonment. (3) The offender will be eligible for parole on 29 October 2029 and his sentence will expire on 29 June 2035. Catchwords: CRIMINAL LAW - Murder - Sentence - Joint criminal enterprise - Sentence following trial - Where deceased had engaged in threatening behaviour towards the offender in the period leading up to his death - Where evidence that the offender had expressed a desire to take matters into his own hands CRIMINAL LAW - Murder - Sentence - Where offender maintained innocence - Where no remorse expressed - Where offender not deprived of a finding that he had good prospects of rehabilitation - Necessity to balance factors favouring such prospects against the absence of any expressed remorse Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Ali v R [2010] NSWCCA 35 Alseedi v R [2009] NSWCCA 185 BP v R [2010] NSWCCA 159 Muldrock v R (2011) 244 CLR 120 R v Bollen (1998) 99 A Crim R 510 R v Isaacs (1997) 41 NSWLR 374 R v MAK; R v MSK [2006] NSWCCA 381 R v Previtera (1997) 94 A Crim R 76 Category: Principal judgment Parties: Regina - Crown John Safi - Offender Representation: Counsel: Mr L Lungo - Crown Mr T Watts - Offender