R v Aljubouri; R v YA; R v Shaker [2019] NSWSC 180

R v Aljubouri; R v YA; R v Shaker [2019] NSWSC 180

Zulfukar Aljubouri was sentenced for manslaughter and knowingly concealing a corpse, with the sentence reflecting that the killing was the result of excessive self-defence and the concealment of the body for over four years had significant adverse public and private consequences. YA was sentenced as an accessory after the fact, with his youth, limited prior knowledge, and genuine remorse considered, resulting in a community correction order. Rafat Shaker was sentenced for concealing a serious offence with consideration of his late-acquired belief and absence of direct knowledge, resulting in a conditional release order.

Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Principal Judgment / Sentencing
Outcome
Convicted (sentenced)
Legal Topics
['manslaughter' 'excessive Self Defence' 'accessory After the Fact' 'concealing a Serious Offence' 'knowingly Concealing a Corpse' 'larceny']
['criminal Law'] ['manslaughter' 'excessive Self Defence' 'accessory After the Fact' 'concealing a Serious Offence' 'knowingly Concealing a Corpse' 'larceny']

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

Principal Judgment / Sentencing

Legal Issues

  1. 1 ["Whether Aljubouri's conduct amounted to manslaughter by excessive self-defence" 'Appropriate sentences for manslaughter, concealing a corpse, accessory after the fact, and concealing a serious offence' 'Degree of gravity for each offence and the proper weight to be given to pleas of guilty']

Ratio Decidendi

Zulfukar Aljubouri was sentenced for manslaughter and knowingly concealing a corpse, with the sentence reflecting that the killing was the result of excessive self-defence and the concealment of the body for over four years had significant adverse public and private consequences. YA was sentenced as an accessory after the fact, with his youth, limited prior knowledge, and genuine remorse considered, resulting in a community correction order. Rafat Shaker was sentenced for concealing a serious offence with consideration of his late-acquired belief and absence of direct knowledge, resulting in a conditional release order.

Court Disposition

Convicted (sentenced)

Orders

  • ['Zulfukar Aljubouri: Convicted of manslaughter and knowingly concealing a corpse; aggregate sentence of 7 years and 6 months imprisonment from 13 May 2015 expiring 12 November 2022; non-parole period of 5 years and 7 months expiring 12 December 2020.' 'Indicative sentences: 6 years 6 months for manslaughter; 2...