R v Zarshoy [2023] NSWSC 1177

R v Zarshoy [2023] NSWSC 1177

The offender was sentenced to a non-parole period of 8 years with a balance of term of 4 years because the manslaughter, committed by intentionally shooting the victim at close range with a prohibited military-style semi-automatic rifle in the victim's home, was above the mid-range of objective seriousness. The court rejected the offender's account of a struggle, did not find reduced moral culpability from mental health or alleged childhood abuse, gave little weight to remorse because responsibility was not truthfully acknowledged, treated his serious criminal history and conditional liberty as aggravating, and considered general and personal deterrence significant. Special circumstances...

Jurisdiction
Australia
Judgment Date
01 November 2023
Procedural Posture
Criminal Sentencing for Manslaughter / Sentence Proceedings After Jury Verdict of Guilty of Manslaughter
Outcome
Mohammad Eimal Zarshoy was convicted of the manslaughter of Robert Atkinson and sentenced to imprisonment with a non-parole period of 8 years and a balance of term of 4 years.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'firearms Offending' 'objective Seriousness' 'moral Culpability' 'remorse' 'rehabilitation and Reoffending' 'victim Impact Statement' 'general and Personal Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'firearms Offending' 'objective Seriousness' 'moral Culpability' 'remorse' 'rehabilitation and Reoffending' 'victim Impact Statement' 'general and Personal Deterrence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Sentence Proceedings After Jury Verdict of Guilty of Manslaughter

Legal Issues

  1. 1 ['What sentence should be imposed for manslaughter by unlawful and dangerous act where the offender intentionally shot the victim in the leg with a prohibited military-style semi-automatic rifle and the victim died from blood loss.' 'Whether the offending was above the mid-range of objective seriousness.' "Whether the offender's mental health issues, drug use and alleged childhood disadvantage reduced moral culpability." 'Whether the offender demonstrated remorse.' "What weight should be given to the offender's criminal history, prison infractions, prospects of rehabilitation and risk of reoffending." 'Whether special circumstances justified a longer than statutory parole period.']

Ratio Decidendi

The offender was sentenced to a non-parole period of 8 years with a balance of term of 4 years because the manslaughter, committed by intentionally shooting the victim at close range with a prohibited military-style semi-automatic rifle in the victim's home, was above the mid-range of objective seriousness. The court rejected the offender's account of a struggle, did not find reduced moral culpability from mental health or alleged childhood abuse, gave little weight to remorse because responsibility was not truthfully acknowledged, treated his serious criminal history and conditional liberty as aggravating, and considered general and personal deterrence significant. Special circumstances...

Court Disposition

Mohammad Eimal Zarshoy was convicted of the manslaughter of Robert Atkinson and sentenced to imprisonment with a non-parole period of 8 years and a balance of term of 4 years.

Orders

  • ['Mohammad Eimal Zarshoy is convicted of the manslaughter of Robert Atkinson.' 'The offender is sentenced to a non-parole period of 8 years commencing 6 September 2020 and expiring 5 September 2028 with a balance of term of 4 years expiring 5 September 2032.' 'The offender will be first eligible for parole on 5...