Regina v Bassam HAMZY [2002] NSWSC 128

Regina v Bassam HAMZY [2002] NSWSC 128

Given the gravity and callousness of the murder and associated offences, together with the offender's background, youth, and additional offences taken into account under s 33, the Court imposed substantial concurrent and cumulative sentences structured for totality and community protection, finding no meaningful mitigation by contrition or rehabilitation prospects.

Jurisdiction
Australia
Judgment Date
15 March 2002
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Bassam Hamzy sentenced to various terms of imprisonment, substantial head sentence for murder, partly concurrent/cumulative with terms for other offences.
Legal Topics
['murder' 'malicious Wounding' 'discharge of Firearms' 'threatening Use of Weapon' 'conspiracy to Murder' 'sentencing' 'victim Impact Statements']
['criminal Law'] ['murder' 'malicious Wounding' 'discharge of Firearms' 'threatening Use of Weapon' 'conspiracy to Murder' 'sentencing' 'victim Impact Statements']

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Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['Appropriate sentence for murder of Kris Toumazis' 'Appropriate sentences for wounding, firearms offences, and conspiracy to murder' 'Consideration of additional offences under s 33 Crimes (Sentencing Procedure) Act 1999' 'Applicability of principles of totality and concurrency in sentencing' 'Whether special circumstances exist under s 44(2) of the Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

Given the gravity and callousness of the murder and associated offences, together with the offender's background, youth, and additional offences taken into account under s 33, the Court imposed substantial concurrent and cumulative sentences structured for totality and community protection, finding no meaningful mitigation by contrition or rehabilitation prospects.

Court Disposition

Bassam Hamzy sentenced to various terms of imprisonment, substantial head sentence for murder, partly concurrent/cumulative with terms for other offences.

Orders

  • ['Imprisonment for murder of Kris Toumazis: 21 years from 15 March 2002 to 14 March 2023, non-parole period of 15 years 9 months (to 14 Dec 2017)' 'Imprisonment for malicious infliction of grievous bodily harm to Nicholas Lambos: fixed term 5 years from 15 March 2002 to 14 March 2007' 'Imprisonment for malicious...