R v Safarjalani (No 2) [2019] NSWSC 105

R v Safarjalani (No 2) [2019] NSWSC 105

The Crown failed to prove beyond reasonable doubt that Safarjalani was the shooter, but the jury verdict and the evidence established that he was part of a joint criminal enterprise to shoot and kill the deceased, most likely as a lookout or ready to provide assistance including preventing escape. The murder involved some planning, use of a prohibited self-loading firearm, commission in company, and an execution-style shooting in a public suburban street, but the motive remained unclear and the offender's lesser role reduced his objective criminality compared with the shooter. Taking into account the maximum penalty, the 20-year standard non-parole period, objective seriousness at about...

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Criminal Sentence for Murder / Sentence After Jury Verdict of Guilty Following Plea of Not Guilty
Outcome
Sentenced for murder to imprisonment for 26 years and 8 months with a non-parole period of 20 years.
Legal Topics
['murder' 'joint Criminal Enterprise' 'victim Impact Statement' 'objective Seriousness' 'planning' 'motive' 'criminal History' 'prospects of Rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'joint Criminal Enterprise' 'victim Impact Statement' 'objective Seriousness' 'planning' 'motive' 'criminal History' 'prospects of Rehabilitation' 'special Circumstances' '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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Murder / Sentence After Jury Verdict of Guilty Following Plea of Not Guilty

Legal Issues

  1. 1 ['Whether the offender personally shot the deceased or was liable as part of a joint criminal enterprise.' 'Whether the murder involved planning.' 'Whether the evidence established a motive for the murder.' 'Where the offence fell on the spectrum of objective seriousness for murder.' 'Whether aggravating or mitigating factors, criminal history, prospects of rehabilitation, personal deterrence or special circumstances affected sentence.']

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that Safarjalani was the shooter, but the jury verdict and the evidence established that he was part of a joint criminal enterprise to shoot and kill the deceased, most likely as a lookout or ready to provide assistance including preventing escape. The murder involved some planning, use of a prohibited self-loading firearm, commission in company, and an execution-style shooting in a public suburban street, but the motive remained unclear and the offender's lesser role reduced his objective criminality compared with the shooter. Taking into account the maximum penalty, the 20-year standard non-parole period, objective seriousness at about...

Court Disposition

Sentenced for murder to imprisonment for 26 years and 8 months with a non-parole period of 20 years.

Orders

  • ['The offender is sentenced to imprisonment for a non-parole period of 20 years commencing on 13 September 2017 and expiring on 12 September 2037.' 'The balance of the term is 6 years and 8 months commencing on 13 September 2037 and expiring on 12 May 2044.' 'The offender will be eligible for release on parole at...