R v Keleklio; R v Sinai [2022] NSWSC 62

R v Keleklio; R v Sinai [2022] NSWSC 62

The Court was satisfied beyond reasonable doubt that Keleklio shot Ledinh with intent to kill and that Sinai participated in a joint criminal enterprise to kill Ledinh by planning the offence, meeting Keleklio shortly before the shooting and providing assistance relevant to the offence and escape. Both offences were above the mid-range of objective seriousness, but not in the high range, and the same starting point of 30 years' imprisonment was appropriate for both offenders. Keleklio received a 10% reduction for his late guilty plea, resulting in a sentence of 27 years with a non-parole period of 20 years and 3 months; Sinai was sentenced to 30 years with a non-parole period of 22 years...

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Criminal Sentencing for Murder / Sentence After Abraham Sinai Was Found Guilty by a Jury and Arthur Keleklio Pleaded Guilty
Outcome
Arthur Keleklio and Abraham Sinai were convicted and sentenced for the murder of Ho Ledinh.
Legal Topics
['murder' 'intention to Kill' 'complicity' 'joint Criminal Enterprise' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors' 'parity' 'general Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'intention to Kill' 'complicity' 'joint Criminal Enterprise' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors' 'parity' 'general Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Abraham Sinai Was Found Guilty by a Jury and Arthur Keleklio Pleaded Guilty

Legal Issues

  1. 1 ['Whether the murder was committed with an intention to kill or an intention to inflict grievous bodily harm' 'Whether Abraham Sinai was liable as a participant in a joint criminal enterprise to murder Ho Ledinh' "The objective seriousness of each offender's murder offence" 'The relative culpability and parity between the co-offenders' "The effect of Arthur Keleklio's late guilty plea on sentence" 'The relevance of mental illness, intellectual capacity, remorse, rehabilitation, COVID-19 custody conditions and special circumstances to sentence']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that Keleklio shot Ledinh with intent to kill and that Sinai participated in a joint criminal enterprise to kill Ledinh by planning the offence, meeting Keleklio shortly before the shooting and providing assistance relevant to the offence and escape. Both offences were above the mid-range of objective seriousness, but not in the high range, and the same starting point of 30 years' imprisonment was appropriate for both offenders. Keleklio received a 10% reduction for his late guilty plea, resulting in a sentence of 27 years with a non-parole period of 20 years and 3 months; Sinai was sentenced to 30 years with a non-parole period of 22 years...

Court Disposition

Arthur Keleklio and Abraham Sinai were convicted and sentenced for the murder of Ho Ledinh.

Orders

  • ['Abraham Sinai is convicted.' 'Abraham Sinai is sentenced to imprisonment comprising a non-parole period of 22 years and 6 months and a balance of term of 7 years and 6 months, being a total sentence of 30 years.' "Abraham Sinai's sentence is to date from 30 May 2019 and he will become eligible for release on...