R v Abdallah [2015] NSWSC 531

Supreme Court New South Wales

Medium Neutral Citation: R v Abdallah [2015] NSWSC 531 Hearing dates: 24 April and 1 May 2015 Decision date: 08 May 2015 Jurisdiction: Common Law Before: Adamson J Decision: For the manslaughter of Suzie Sarkis, the offender is sentenced to a term of imprisonment of 11 years, commencing 8 December 2014, with a non-parole period of 8 years and 3 months. The earliest date upon which the offender is eligible for release on parole is 8 March 2023. Catchwords: CRIMINAL LAW – sentencing – basis of conviction for manslaughter by excessive self-defence – offender stabbed younger cousin with kitchen knife in townhouse where they lived together – events captured by CCTV cameras inside house – aggravated by use of knife – no mitigating mental condition as diagnosis of pre-existing anxiety disorder founded on offender's unreliable evidence and histories Legislation Cited: Crimes Act 1900 (NSW), s 24 Crimes (Sentencing and Procedure) Act 1999 (NSW), ss 21A(1)(c), 21(2)(c), 21(2)(j), 28(4), 44 Cases Cited: Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Cramp [1999] NSWCCA 324; 110 A Crim R 198 R v Dally [2000] NSWCCA 162; 115 A Crim R 582 R v Isaacs (1997) 41 NSWLR 374 R v Silva [2015] NSWSC 148 The Queen v Lavender [2005] HCA 37; 222 CLR 67 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Category: Sentence Parties: Regina Katherine Abdallah (Offender) Representation: Counsel: S Herbert (Crown) G Stanton (Offender)