R v Droudis (No. 16) [2017] NSWSC 20

Supreme Court New South Wales

Medium Neutral Citation: R v Droudis (No. 16) [2017] NSWSC 20 Hearing dates: 30 November 2016 Date of orders: 01 February 2017 Decision date: 01 February 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Offender is sentenced to imprisonment for a term of 44 years, comprising a non-parole period of 33 years commencing on 22 December 2014 and expiring on 21 December 2047 with a balance of term of 11 years commencing on 22 December 2047 and expiring on 21 December 2058. Catchwords: CRIMINAL LAW - sentence after trial - murder - Offender in relationship with Man Haron Monis - Offender murders former wife of Monis - murder planned by Monis and carried out by Offender - victim attacked in stairwell of apartment block and stabbed 18 times before being set on fire by Offender - motive to secure custody of Monis' two sons and for Offender and Monis to live as a family with their respective children - highly unusual and longstanding relationship between the Offender and Monis - very substantial objective gravity of offence - consideration of prospects of rehabilitation, specific deterrence and future dangerousness - whether sentence of life imprisonment should be imposed in accordance with s.61(1) Crimes (Sentencing Procedure) Act 1999 - relevance on sentence of Monis' role and the nature of the relationship between the Offender and Monis - not demonstrated to criminal standard that life sentence should be imposed - very lengthy determinate sentence passed - sentence of imprisonment for 44 years - non-parole period of 33 years with balance of term of 11 years Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Code 1995 (Cth) Cases Cited: Beldon v R [2012] NSWCCA 194 Currie v R [2013] NSWCCA 267 Efthimiadis v R (No. 2) [2016] NSWCCA 9 Heath v R [2016] NSWCCA 24 Knight v R [2006] NSWCCA 292; 164 A Crim 126 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Ng v R [2011] NSWCCA 227; 214 A Crim R 191 O'Neil-Shaw v R [2010] NSWCCA 42 Paxton v R [2011] NSWCCA 242; 219 A Crim R 104 R v Droudis (No. 14) [2016] NSWSC 1550 R v Droudis (No. 15) [2016] NSWSC 1782 R v Harris [2000] NSWCCA 469; 50 NSWLR 409 R v Lewis [2001] NSWCCA 448 R v Merritt [2004] NSWCCA 19; 59 NSWLR 557 R v Potier [2004] NSWCCA 136 R v Wilkinson (No. 5) [2009] NSWSC 432 Ta'ala v R [2008] NSWCCA 132 The Queen v Kilic [2016] HCA 48; 91 ALJR 131 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Amirah Droudis (Offender) Representation: Counsel: Mr M Tedeschi QC; Mr DT Scully (Crown) Mr MJ Ierace SC; Mr RJ Wilson (Offender)