R v Ibrahim [2008] NSWSC 268

R v Ibrahim [2008] NSWSC 268

The prisoner was equally culpable in an extended joint criminal enterprise to assault Robin Nassour and, after becoming aware that Abou-Jibal had a knife and might use it again, continued to participate in a brutal and cowardly attack. Although the manslaughter itself was not found to be part of planned criminal activity under s 21A(2)(n), the pre-planned assault and use of the basement car park increased objective seriousness. Balancing that seriousness with the plea of guilty, remorse, subjective circumstances, prior record, conditional liberty, rehabilitation prospects, totality and special circumstances, the appropriate undiscounted starting point was 11 years, reduced by 15 per cent...

Jurisdiction
Australia
Judgment Date
21 April 2008
Procedural Posture
Criminal Sentencing for Manslaughter / Remarks on Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for manslaughter.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'extended Joint Criminal Enterprise' 'plea of Guilty' 'objective Seriousness' 'conditional Liberty' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'extended Joint Criminal Enterprise' 'plea of Guilty' 'objective Seriousness' 'conditional Liberty' 'special Circumstances' 'totality']

Case Brief

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Procedural Posture

Criminal Sentencing for Manslaughter / Remarks on Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the offence of manslaughter by unlawful and dangerous act was at the lower end of objective seriousness.' 'Whether the offence was part of planned or organised criminal activity under s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999.' "What weight should be given to the prisoner's plea of guilty, remorse, criminal history, conditional liberty, prospects of rehabilitation and special circumstances." "Whether the sentence should commence after the prisoner's existing sentences in accordance with the principle of totality."]

Ratio Decidendi

The prisoner was equally culpable in an extended joint criminal enterprise to assault Robin Nassour and, after becoming aware that Abou-Jibal had a knife and might use it again, continued to participate in a brutal and cowardly attack. Although the manslaughter itself was not found to be part of planned criminal activity under s 21A(2)(n), the pre-planned assault and use of the basement car park increased objective seriousness. Balancing that seriousness with the plea of guilty, remorse, subjective circumstances, prior record, conditional liberty, rehabilitation prospects, totality and special circumstances, the appropriate undiscounted starting point was 11 years, reduced by 15 per cent...

Court Disposition

Convicted and sentenced to imprisonment for manslaughter.

Orders

  • ['Michael Ibrahim is convicted of manslaughter of Robin Nassour.' 'The prisoner is sentenced to a term of imprisonment with a non-parole period of 6 years and 6 months commencing on 16 September 2006 and expiring on 15 March 2013.' 'The balance of term is 2 years and 10 months commencing on 16 March 2013 and...