R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 6) [2016] NSWSC 1867

Supreme Court New South Wales

Medium Neutral Citation: R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 6) [2016] NSWSC 1867 Hearing dates: 19 – 20, 26 – 30 September 2016, 5 – 7, 10 – 11, 13 – 14, 17 – 19 October 2016, 2, 15 December 2016 Date of orders: 20 December 2016 Decision date: 20 December 2016 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: In the matter of Azam Charbaji: (1) Convicted that, between the 18th day of July 2014 and the 20th day of July 2014, at Cartwright in the State of New South Wales, he did murder Dane McNeill. (2) Sentenced to a non-parole period of 24 years' imprisonment commencing on 7 January 2015 and concluding on 6 January 2039, with a remainder of term of 8 years concluding on 6 January 2047. (3) First eligible for parole on 6 January 2039.

In the matter of Haysem Charbaji: (1) Convicted that, between the 18th day of July 2014 and the 20th day of July 2014, at Cartwright in the State of New South Wales, he did murder Dane McNeill. (2) Sentenced to a non-parole period of 27 years' imprisonment commencing on 14 February 2016 and concluding on 13 February 2043, with a remainder of term of 9 years concluding on 13 February 2052. (3) First eligible for parole on 13 February 2043.

In the matter of Lexy Jamieson: (1) Convicted that, between the 18th day of July 2014 and the 22nd day of July 2014, at Heckenberg in the State of New South Wales, knowing Azam Charbaji and Haysem Charbaji did, between those dates, murder Dane McNeill, she did receive, harbour, maintain and assist the said Azam Charbaji and Haysem Charbaji, in other words, she has been found guilty and is convicted of accessory after the fact to murder. (2) Sentenced to a non-parole period of 2 years' imprisonment which, taking into account the four months and six days' imprisonment already served, shall commence on 14 August 2016 and conclude on 13 August 2018, with a remainder of term of 2 years, concluding 13 August 2020. (3) First eligible for parole on 13 August 2018. Catchwords: CRIMINAL LAW – sentence – two co-offenders charged with murder – sentencing principles – one co- offender with psychiatric conditions – murder objectively well above mid-range – each co- offender with significant prior convictions – discussion of effect of psychiatric condition on general deterrence and specific deterrence and the need for protection of society – third co- offender charged with accessory after the fact – prior convictions – fully aware of the unnecessary cruelty associated with the murder – accessory offence slightly above mid-range – sentences imposed. Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; (2014) ALJR 372 R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 R v Farroukh (NSWCCA, Gleeson CJ, Levine and Dowd JJ, 29 March 1996, unrep) R v Fennell [2011] NSWSC 489 R v Wells [2008] NSWSC 206 Category: Sentence Parties: Regina (Crown) Azam Charbaji (Co-offender) Haysem Charbaji (Co-offender) Lexy May Jamieson (Co-offender) Representation: Counsel: M Cunneen SC (Crown) K Chapple SC (Co-offender, Azam Charbaji) M Austin (Co-offender, Haysem Charbaji) M Shaw (Co-offender, Jamieson)