R v IRANI; R v SAKISI [2001] NSWSC 475

R v IRANI; R v SAKISI [2001] NSWSC 475

Irani's murder was very serious because he acted in cold blood, for reward and after careful planning, although it was not in the worst category because he was sentenced on the basis that he agreed and intended only to cause grievous bodily harm rather than to kill. Taking account of his plea, contrition, promised assistance, custody conditions, drug history and rehabilitation prospects, the sentence was reduced by about forty per cent. Sakisi's offence was a very serious one of its kind because he participated in planning an attack for financial gain and in contempt of a victim he did not know, but he received a discount for the utilitarian value of his early guilty plea and a non-parole...

Jurisdiction
Australia
Judgment Date
15 June 2001
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Whalid Irani was sentenced to imprisonment for twenty years with a non-parole period of fifteen years. Asipeli Ben Sakisi was sentenced to imprisonment for ten years with a non-parole period of seven years. A report of Dr Carne was directed to be sent to the governor of the institution where Sakisi is confined.
Legal Topics
['murder' 'accessory Before the Fact of Malicious Wounding With Intent to Do Grievous Bodily Harm' 'guilty Plea' 'assistance to Authorities' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'accessory Before the Fact of Malicious Wounding With Intent to Do Grievous Bodily Harm' 'guilty Plea' 'assistance to Authorities' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed on Whalid Irani for murder.' 'What sentence should be imposed on Asipeli Ben Sakisi for accessory before the fact of malicious wounding with intent to do grievous bodily harm.' 'What allowance should be made for guilty pleas, contrition, assistance to authorities, rehabilitation prospects and other subjective factors.']

Ratio Decidendi

Irani's murder was very serious because he acted in cold blood, for reward and after careful planning, although it was not in the worst category because he was sentenced on the basis that he agreed and intended only to cause grievous bodily harm rather than to kill. Taking account of his plea, contrition, promised assistance, custody conditions, drug history and rehabilitation prospects, the sentence was reduced by about forty per cent. Sakisi's offence was a very serious one of its kind because he participated in planning an attack for financial gain and in contempt of a victim he did not know, but he received a discount for the utilitarian value of his early guilty plea and a non-parole...

Court Disposition

Whalid Irani was sentenced to imprisonment for twenty years with a non-parole period of fifteen years. Asipeli Ben Sakisi was sentenced to imprisonment for ten years with a non-parole period of seven years. A report of Dr Carne was directed to be sent to the governor of the institution where Sakisi is confined.

Orders

  • ['Whalid Irani is sentenced to imprisonment for a period of twenty years, commencing on 25 January 2000 and expiring on 24 January 2020.' 'For Whalid Irani, a non-parole period of fifteen years is fixed, expiring on 24 January 2015, on which day he will be eligible for release to parole.' 'Asipeli Ben Sakisi is...