R v Kaddour; R v Azar [2017] NSWSC 586

Supreme Court New South Wales

Medium Neutral Citation: R v Kaddour; R v Azar [2017] NSWSC 586 Hearing dates: 11 November 2016 and 3 February 2017 Date of orders: 16 May 2017 Decision date: 16 May 2017 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: Ahmed Kaddour, for the murder of Basem Salameh, I sentence you to imprisonment consisting of a non-parole period of fifteen years, commencing on 29 August 2013 and expiring on 28 August 2028, with a balance of term of five years, commencing on 29 August 2028 and expiring on 28 August 2033; making a total sentence of twenty years. The earliest date on which you will be eligible for release on parole is 28 August 2028.

Daniel Azar, for the manslaughter of Basem Salameh, I sentence you to imprisonment consisting of a non-parole period of four years, commencing on 19 December 2013 and expiring on 18 December 2017, with a balance of term of three years, commencing on 19 December 2017 and expiring on 18 December 2020, making a total sentence of seven years. The earliest date on which you will be eligible for release on parole is 18 December 2017. Catchwords: CRIMINAL LAW – sentence – murder – contrary to s 18A(1) of the Crimes Act 1900 (NSW) – found guilty by jury after trial – unprovoked attack – spontaneous rather than premeditated attack – intention to inflict grievous bodily harm found – offence in the mid-range of objective seriousness – good prospects of rehabilitation found – no remorse – treated as a young person in sentencing exercise CRIMINAL LAW – sentence – manslaughter – contrary to s 18A(2) of the Crimes Act 1900 (NSW) – late guilty plea to manslaughter as defence to murder due to substantial impairment by way of schizophrenia – unprovoked attack – spontaneous rather than premeditated attack – intention to inflict grievous bodily harm found – offence in the mid-range of objective seriousness – good prospects of rehabilitation found – remorse found – treated as a young person in sentencing exercise – special circumstances found Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Apps v R [2006] NSWCCA 290 Muldrock v the Queen [2011] HCA 39 R v AEM [2002] NSWCCA 58 R v Hearne [2001] NSWCCA 37 Category: Sentence Parties: Regina Ahmad Kaddour Daniel Azar Representation: Counsel: P Bailey SC (Crown) Mr Chhabra (Kaddour) Mr Craddock SC (Azar)