R v Hawi [2015] NSWSC 206

R v Hawi [2015] NSWSC 206

The offender's manslaughter was substantially objectively serious because he joined a joint criminal enterprise to commit an unlawful and dangerous assault on Hells Angels members, creating an appreciable risk of serious injury, in a public airport terminal and while holding the position of national president of the Comancheros. Although he did not physically participate in the fatal assault and there was some provocation by the deceased, denunciation, general deterrence, parity and the public seriousness of the offending required a substantial term of imprisonment. The appropriate method of recognising time already served was to backdate the sentence rather than impose an artificially...

Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Criminal Sentence for Manslaughter / Sentence After Plea of Guilty to Manslaughter Following Murder Conviction Being Quashed and Retrial Ordered
Outcome
Offender sentenced to imprisonment for manslaughter, with the sentence backdated and accumulated by 6 months on the affray sentence.
Legal Topics
['manslaughter' 'plea of Guilty' 'joint Criminal Enterprise' 'objective Seriousness' 'general Deterrence' 'parity' 'pre Sentence Custody' 'backdating Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'plea of Guilty' 'joint Criminal Enterprise' 'objective Seriousness' 'general Deterrence' 'parity' 'pre Sentence Custody' 'backdating Sentence' 'special Circumstances' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Manslaughter / Sentence After Plea of Guilty to Manslaughter Following Murder Conviction Being Quashed and Retrial Ordered

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter where the offender was part of a joint criminal enterprise to commit an unlawful and dangerous act during a brawl between rival motorcycle clubs at Sydney Airport.' 'The objective seriousness of the offending, including that it occurred in a public airport terminal in the presence of innocent bystanders and while the offender was national president of the Comancheros.' "The extent of the discount for the offender's plea of guilty to manslaughter." 'Whether pre-sentence custody and the risk of return to custody justified a sentence structured to avoid further custody rather than backdating.' 'Whether special circumstances justified adjustment of the ratio between the parole and non-parole periods.' 'Parity with co-offenders sentenced for manslaughter arising out of the same incident.']

Ratio Decidendi

The offender's manslaughter was substantially objectively serious because he joined a joint criminal enterprise to commit an unlawful and dangerous assault on Hells Angels members, creating an appreciable risk of serious injury, in a public airport terminal and while holding the position of national president of the Comancheros. Although he did not physically participate in the fatal assault and there was some provocation by the deceased, denunciation, general deterrence, parity and the public seriousness of the offending required a substantial term of imprisonment. The appropriate method of recognising time already served was to backdate the sentence rather than impose an artificially...

Court Disposition

Offender sentenced to imprisonment for manslaughter, with the sentence backdated and accumulated by 6 months on the affray sentence.

Orders

  • ['For the offence of manslaughter the offender is sentenced to imprisonment for 6 years and 2 months with a non-parole period of 3 years and 6 months commencing 16 November 2009.' 'The non-parole period expires 15 May 2013.' 'The balance of term is 2 years and 8 months expiring 15 January 2016.']