R v Abdallah [2015] NSWSC 531

R v Abdallah [2015] NSWSC 531

The offender stabbed the unarmed deceased with a large kitchen knife after escalating a volatile dispute. Although the verdict required acceptance that it was reasonably possible she believed her conduct was necessary in self-defence, that response was wholly unreasonable. Her offending was highly serious, aggravated by use of the knife and by being on conditional liberty, and was not mitigated by a proven pre-existing anxiety disorder, remorse, good rehabilitation prospects, or special circumstances. A custodial sentence of 11 years with a non-parole period of 8 years and 3 months was therefore appropriate.

Jurisdiction
Australia
Judgment Date
08 May 2015
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence Following Jury Conviction
Outcome
Katherine Abdallah was convicted of the manslaughter of Suzie Sarkis and sentenced to imprisonment for 11 years with a non-parole period of 8 years and 3 months.
Legal Topics
['manslaughter' 'excessive Self Defence' 'use of Knife as Aggravating Factor' 'conditional Liberty as Aggravating Factor' 'mental Condition and Substance Abuse' 'victim Impact Statements' 'non Parole Period']
['criminal Law' 'sentencing'] ['manslaughter' 'excessive Self Defence' 'use of Knife as Aggravating Factor' 'conditional Liberty as Aggravating Factor' 'mental Condition and Substance Abuse' 'victim Impact Statements' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence Following Jury Conviction

Legal Issues

  1. 1 ["What facts could be found consistently with the jury's manslaughter verdict." 'Whether the manslaughter was to be sentenced on the basis of excessive self-defence.' "Whether the offender's asserted anxiety disorder reduced her culpability or the weight of general deterrence." 'What aggravating and mitigating factors applied to the sentence.' 'Whether special circumstances warranted departure from the statutory ratio between the non-parole period and the total term.']

Ratio Decidendi

The offender stabbed the unarmed deceased with a large kitchen knife after escalating a volatile dispute. Although the verdict required acceptance that it was reasonably possible she believed her conduct was necessary in self-defence, that response was wholly unreasonable. Her offending was highly serious, aggravated by use of the knife and by being on conditional liberty, and was not mitigated by a proven pre-existing anxiety disorder, remorse, good rehabilitation prospects, or special circumstances. A custodial sentence of 11 years with a non-parole period of 8 years and 3 months was therefore appropriate.

Court Disposition

Katherine Abdallah was convicted of the manslaughter of Suzie Sarkis and sentenced to imprisonment for 11 years with a non-parole period of 8 years and 3 months.

Orders

  • ['For the manslaughter of Suzie Sarkis, the offender is sentenced to a term of imprisonment of 11 years, commencing 8 December 2014, with a non-parole period of 8 years and 3 months.' 'The earliest date upon which the offender is eligible for release on parole is 8 March 2023.']