R v Azar [2004] NSWSC 797

R v Azar [2004] NSWSC 797

Although Mr Azar intentionally killed Sami Sarraf by shooting him in the victim's home, his criminality was significantly reduced because revenge operated through the distorted prism of a depressive psychiatric state connected with the earlier sexual assault and the film Sleepers. The impairment was significant but not substantial, the offence remained a brutal murder with serious impact on the victim's children, the injuries suffered by Mr Azar amounted to extra-curial punishment attracting little weight, and only a small adjustment for special circumstances was warranted. A sentence of 17 years with a 12 year non-parole period, commencing three months after custody began because of the...

Jurisdiction
Australia
Judgment Date
03 September 2004
Procedural Posture
Criminal Sentencing for Murder / Judgment on Sentence After Jury Verdict of Guilty of Murder
Outcome
Joseph Melhem Azar was sentenced to imprisonment for 17 years with a non-parole period of 12 years.
Legal Topics
['murder' 'manslaughter Plea' 'abnormality of Mind' 'significant But Not Substantial Impairment' 'firearm Offending' 'victim Impact Statement' 'extra Curial Punishment' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'manslaughter Plea' 'abnormality of Mind' 'significant But Not Substantial Impairment' 'firearm Offending' 'victim Impact Statement' 'extra Curial Punishment' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Judgment on Sentence After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ['What facts relevant to sentence were consistent with the jury verdict and proved to the required standard.' 'Whether the murder was an act of revenge and premeditation aggravated by use of a firearm, or was significantly mitigated by psychiatric impairment connected with childhood sexual assault and the film Sleepers.' "What weight should be given to the victim impact statement, the offender's prior record, prospects of rehabilitation, special circumstances, lack of contrition, and injuries suffered as extra-curial punishment." 'Whether the murder sentence should commence concurrently with or after part of the sentence for the outstanding drug matter.']

Ratio Decidendi

Although Mr Azar intentionally killed Sami Sarraf by shooting him in the victim's home, his criminality was significantly reduced because revenge operated through the distorted prism of a depressive psychiatric state connected with the earlier sexual assault and the film Sleepers. The impairment was significant but not substantial, the offence remained a brutal murder with serious impact on the victim's children, the injuries suffered by Mr Azar amounted to extra-curial punishment attracting little weight, and only a small adjustment for special circumstances was warranted. A sentence of 17 years with a 12 year non-parole period, commencing three months after custody began because of the...

Court Disposition

Joseph Melhem Azar was sentenced to imprisonment for 17 years with a non-parole period of 12 years.

Orders

  • ['Sentence of imprisonment for 17 years commencing on 22 August 2001 and expiring on 21 August 2018.' 'Non-parole period of 12 years.' 'Eligible for release on parole on 22 August 2013.']