R v Hamoui [No 4] [2005] NSWSC 279

R v Hamoui [No 4] [2005] NSWSC 279

The offence was a cruel, brutal and awful manslaughter at the upper end of the range because Mr Hamoui strangled Ms Haklane while she was helpless and bound, causing suffering and terror, in circumstances involving gratuitous cruelty; he was on bail at the time, had a serious record, maintained innocence and showed no contrition, while his rehabilitation prospects were guarded. These matters warranted imprisonment for 11 years with a non-parole period of 8 years.

Jurisdiction
Australia
Judgment Date
15 April 2005
Procedural Posture
Criminal / Remarks on Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter
Outcome
Sentenced to imprisonment for 11 years commencing on 3 November 2001 and expiring on 2 November 2012, with a non-parole period of 8 years; eligible for release to parole on 2 November 2009.
Legal Topics
['manslaughter' 'provocation' 'manual Strangulation' 'victim Bound' 'aggravating Factors' 'non Parole Period' 'rehabilitation' 'victim Impact Statement']
['criminal Law' 'criminal Procedure' 'sentencing'] ['manslaughter' 'provocation' 'manual Strangulation' 'victim Bound' 'aggravating Factors' 'non Parole Period' 'rehabilitation' 'victim Impact Statement']

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Procedural Posture

Criminal / Remarks on Sentence After Jury Verdict of Not Guilty of Murder But Guilty of Manslaughter

Legal Issues

  1. 1 ["What facts relevant to sentence could be found consistently with the jury's verdict of manslaughter rather than murder." "Whether provocation was diminished by the circumstances that Mr Hamoui knew of Ms Haklane's new boyfriend and that she was bound before being strangled." 'Whether binding Ms Haklane before strangling her amounted to gratuitous cruelty.' "What weight should be given to Mr Hamoui's prior record, offending while on bail, lack of contrition, conduct in custody and prospects of rehabilitation." 'What sentence and non-parole period were appropriate for the manslaughter.']

Ratio Decidendi

The offence was a cruel, brutal and awful manslaughter at the upper end of the range because Mr Hamoui strangled Ms Haklane while she was helpless and bound, causing suffering and terror, in circumstances involving gratuitous cruelty; he was on bail at the time, had a serious record, maintained innocence and showed no contrition, while his rehabilitation prospects were guarded. These matters warranted imprisonment for 11 years with a non-parole period of 8 years.

Court Disposition

Sentenced to imprisonment for 11 years commencing on 3 November 2001 and expiring on 2 November 2012, with a non-parole period of 8 years; eligible for release to parole on 2 November 2009.

Orders

  • ['Abdul Razzak Hamoui is sentenced to imprisonment for 11 years commencing on 3 November 2001 and expiring on 2 November 2012.' 'A non-parole period of 8 years is fixed.' 'Abdul Razzak Hamoui will be eligible for release to parole on 2 November 2009.']