R v Hamzy [2016] NSWSC 1512

Supreme Court New South Wales

Medium Neutral Citation: R v Hamzy [2016] NSWSC 1512 Hearing dates: 17 August 2016; 28 October 2016 Decision date: 28 October 2016 Before: R A Hulme J Decision: Imprisonment for 11 years 6 months with a non-parole period of 8 years 6 months Catchwords: CRIMINAL LAW – sentence – manslaughter by excessive self-defence – wound with intent to cause grievous bodily harm – where the offender believed he needed to shoot in self-defence because the victim of the wounding offence was armed with a firearm – where the offender's reaction was excessive – manslaughter of considerable objective seriousness and wounding offence of moderate seriousness – subjective circumstances do not warrant mitigation – significant criminal record – offences committed while on a bond – denunciation; general and personal deterrence particularly important – delay in proceedings taken into account – discount afforded for offers to plead guilty which were rejected by the DPP – finding of special circumstances confined to the need for accumulation of sentence Legislation Cited: Crimes Act 1900 (NSW) ss 18, 24, 33(1)(a) Crimes (Sentencing Procedure) Act 1999 (NSW) s 44 Cases Cited: R v Hamzy (No 2) [2016] NSWSC 1514 R v Johnson [2003] NSWCCA 129 Category: Sentence Parties: Regina Mohammed Hamzy Representation: Counsel: Ms M Cunneen SC (Crown) Mr M Johnston SC with Ms G Lewer (Offender)

Solicitors: Solicitor for Public Prosecutions Galbally Rolfe File Number(s): 2013/336106