R v Neramsn SAFAR [2014] NSWSC 376

R v Neramsn SAFAR [2014] NSWSC 376

Although murder is the most serious offence, the offender's liability arose through extended common purpose, he did not shoot or intend harm, and the offence was at the lowest end of objective seriousness for murder. Taking into account aggravating features, subjective circumstances, a 12.5% guilty plea discount, comparable authority, and special circumstances requiring longer supervision for rehabilitation, the Court imposed a custodial sentence with an 11 year non-parole period and a remainder of 4 years and 9 months.

Jurisdiction
Australia
Judgment Date
01 April 2014
Procedural Posture
Criminal Sentencing for Murder / Sentence After Plea of Guilty
Outcome
Offender convicted of murder and sentenced to imprisonment, taking into account the matters on the Form 1.
Legal Topics
['murder' 'extended Joint Criminal Enterprise' 'plea of Guilty' 'non Parole Period' 'special Circumstances' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'extended Joint Criminal Enterprise' 'plea of Guilty' 'non Parole Period' 'special Circumstances' 'rehabilitation']

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for murder where liability arose from extended joint criminal enterprise.' "How the offender's low objective culpability, aggravating features, guilty plea, remorse, drug use and prospects of rehabilitation should affect sentence." 'Whether special circumstances justified a longer period of supervision in the community.']

Ratio Decidendi

Although murder is the most serious offence, the offender's liability arose through extended common purpose, he did not shoot or intend harm, and the offence was at the lowest end of objective seriousness for murder. Taking into account aggravating features, subjective circumstances, a 12.5% guilty plea discount, comparable authority, and special circumstances requiring longer supervision for rehabilitation, the Court imposed a custodial sentence with an 11 year non-parole period and a remainder of 4 years and 9 months.

Court Disposition

Offender convicted of murder and sentenced to imprisonment, taking into account the matters on the Form 1.

Orders

  • ['For the offence of murder, taking into account the matters on the Form 1, Neramsn SAFAR is sentenced to a non-parole period of 11 years, commencing 17 January 2012 and concluding 16 January 2023.' "A remainder of term of 4 years and nine months' imprisonment is imposed, concluding 16 October 2027." 'The offender...