R v Kari; R v H; R v Hamid [2008] NSWSC 993

R v Kari; R v H; R v Hamid [2008] NSWSC 993

The offenders' crimes were serious: Kari and H participated in a violent criminal enterprise at the victim's home, in company and while subject to conditional liberty, resulting in Matthew Hughan's death; Hamid's culpability was lower but his assistance to the principal offenders and related firearm conduct were serious, and the home invasion offence was also grave. Sentences were moderated for youth, remorse, rehabilitation prospects, delay, guilty pleas of significant utilitarian value, special circumstances, prior custody and, for H, totality, while maintaining punishment and deterrence.

Jurisdiction
Australia
Judgment Date
23 September 2008
Procedural Posture
Criminal Sentencing / Remarks on Sentence After Pleas of Guilty
Outcome
All three offenders were sentenced to imprisonment.
Legal Topics
['manslaughter' 'accessory After the Fact to Manslaughter' 'form 1 Matters' 'entering a Dwelling House in Company With Intent to Steal' 'juvenile Offender' 'guilty Plea Discount' 'totality' 'rehabilitation']
['criminal Law' 'sentencing'] ['manslaughter' 'accessory After the Fact to Manslaughter' 'form 1 Matters' 'entering a Dwelling House in Company With Intent to Steal' 'juvenile Offender' 'guilty Plea Discount' 'totality' 'rehabilitation']

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 Sentencing / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Georgeus Kari and H for manslaughter, taking into account their Form 1 matters.' 'What sentences should be imposed on Jamal Hamid for accessory after the fact to manslaughter, taking into account the Form 1 matter, and for entering a dwelling house in company with intent to steal.' "How the offenders' youth, remorse, rehabilitation prospects, delay, guilty pleas, prior custody and the principle of totality should affect sentence."]

Ratio Decidendi

The offenders' crimes were serious: Kari and H participated in a violent criminal enterprise at the victim's home, in company and while subject to conditional liberty, resulting in Matthew Hughan's death; Hamid's culpability was lower but his assistance to the principal offenders and related firearm conduct were serious, and the home invasion offence was also grave. Sentences were moderated for youth, remorse, rehabilitation prospects, delay, guilty pleas of significant utilitarian value, special circumstances, prior custody and, for H, totality, while maintaining punishment and deterrence.

Court Disposition

All three offenders were sentenced to imprisonment.

Orders

  • ['Georgeus Kari, for manslaughter and taking into account the Form 1 matter, was sentenced to a non-parole period of 4½ years commencing on 4 August 2005 and expiring on 3 February 2010, and a balance of term of 2½ years commencing on 4 February 2010 and expiring on 3 August 2012.' 'H, for manslaughter and taking...