R v Tangi (No 12) [2020] NSWSC 547

R v Tangi (No 12) [2020] NSWSC 547

The murder was above the mid-range of objective seriousness but not in the worst category because the jury verdict and the Crown case were consistent with an intention to cause grievous bodily harm or really serious injury, not an intention to kill. The offence was aggravated by the planned nature of the confrontation and assault in the prison context, where inmate vulnerability and institutional discipline made general deterrence important. The offender's prior violent history, lack of remorse, limited insight and high risk of future violence made specific deterrence significant, while his subjective history, work ethic, church reference, onerous custody conditions and possibility of...

Jurisdiction
Australia
Judgment Date
13 May 2020
Procedural Posture
Criminal Sentence for Murder / Sentence After Jury Verdict of Guilty Following Trial
Outcome
The offender was sentenced to imprisonment for murder.
Legal Topics
['murder' 'prisoner on Prisoner Violence' 'intention to Inflict Grievous Bodily Harm' 'objective Seriousness' 'standard Non Parole Period' 'totality' 'specific Deterrence' 'general Deterrence' 'remorse' 'covid 19 Prison Conditions']
['criminal Law' 'sentencing'] ['murder' 'prisoner on Prisoner Violence' 'intention to Inflict Grievous Bodily Harm' 'objective Seriousness' 'standard Non Parole Period' 'totality' 'specific Deterrence' 'general Deterrence' 'remorse' 'covid 19 Prison Conditions']

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Procedural Posture

Criminal Sentence for Murder / Sentence After Jury Verdict of Guilty Following Trial

Legal Issues

  1. 1 ['What sentence should be imposed for murder under s 18(1)(a) of the Crimes Act 1900 (NSW) where the offender intentionally inflicted grievous bodily harm on a fellow inmate who died from the assault.' 'Whether the planned nature of the confrontation and assault aggravated the objective seriousness of the murder.' "How the offender's subjective circumstances, criminal history, lack of remorse, risk of future violence, prison conditions and totality affected the sentence." 'Whether special circumstances warranted alteration of the statutory ratio between the non-parole period and balance of term.']

Ratio Decidendi

The murder was above the mid-range of objective seriousness but not in the worst category because the jury verdict and the Crown case were consistent with an intention to cause grievous bodily harm or really serious injury, not an intention to kill. The offence was aggravated by the planned nature of the confrontation and assault in the prison context, where inmate vulnerability and institutional discipline made general deterrence important. The offender's prior violent history, lack of remorse, limited insight and high risk of future violence made specific deterrence significant, while his subjective history, work ethic, church reference, onerous custody conditions and possibility of...

Court Disposition

The offender was sentenced to imprisonment for murder.

Orders

  • ['Abraham Ryan Tangi was convicted that on 29 June 2017 he murdered Zaydoun Al-Qaseer at the John Morony Correctional Complex.' "The offender was sentenced to a non-parole period of 22 years and 6 months' imprisonment, commencing 8 July 2017 and concluding 7 January 2040, with the remainder of term of a further 7...