R v Karaali (No 10) [2023] NSWSC 866

R v Karaali (No 10) [2023] NSWSC 866

The offender's murder of Ross Houllis was above mid-range in objective seriousness because he willingly acted as the violent enforcer in a retaliatory plan, inflicted prolonged and escalating public violence including a forceful kick to the head and head stomps, acted with an intention to kill, twice discouraged assistance from passers-by, and left the deceased for dead. His subjective case did not materially reduce culpability; he offended while on parole, had no demonstrated remorse, had guarded prospects of rehabilitation, and parity with co-offenders did not require a lesser sentence because their legal responsibility and subjective circumstances were materially different. No special...

Jurisdiction
Australia
Judgment Date
24 July 2023
Procedural Posture
Sentence for Murder / Sentencing After Jury Verdict of Guilty
Outcome
Offender sentenced to imprisonment for 28 years with a non-parole period of 21 years and an additional term of 7 years, commencing on 13 July 2020.
Legal Topics
['murder' 'objective Seriousness' 'intention to Kill' 'standard Non Parole Period' 'parity Principle' 'remorse' 'rehabilitation' 'offending While on Parole']
['criminal Law' 'sentencing'] ['murder' 'objective Seriousness' 'intention to Kill' 'standard Non Parole Period' 'parity Principle' 'remorse' 'rehabilitation' 'offending While on Parole']

Case Brief

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Procedural Posture

Sentence for Murder / Sentencing After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What facts relevant to sentencing should be found consistently with the jury's verdict." 'Whether the offender acted with an intention to kill or only an intention to inflict grievous bodily harm.' 'The objective seriousness of the murder.' "Whether the offender's childhood circumstances, substance abuse or mental health reduced his moral culpability." 'The significance of the offender having committed the murder while on parole.' 'Whether the parity principle required adjustment by reference to the sentences imposed on co-offenders.' 'Whether special circumstances justified altering the statutory relationship between the non-parole period and the additional term.' 'Whether the sentence should be backdated to the date of arrest or partially accumulated on the earlier sentence.']

Ratio Decidendi

The offender's murder of Ross Houllis was above mid-range in objective seriousness because he willingly acted as the violent enforcer in a retaliatory plan, inflicted prolonged and escalating public violence including a forceful kick to the head and head stomps, acted with an intention to kill, twice discouraged assistance from passers-by, and left the deceased for dead. His subjective case did not materially reduce culpability; he offended while on parole, had no demonstrated remorse, had guarded prospects of rehabilitation, and parity with co-offenders did not require a lesser sentence because their legal responsibility and subjective circumstances were materially different. No special...

Court Disposition

Offender sentenced to imprisonment for 28 years with a non-parole period of 21 years and an additional term of 7 years, commencing on 13 July 2020.

Orders

  • ['Abdul Karaali is sentenced to a term of imprisonment of 28 years.' 'The sentence has a non-parole period of 21 years commencing on 13 July 2020 and expiring on 12 July 2041.' 'The sentence has an additional term of 7 years commencing after the expiration of the non-parole period and expiring on 12 July 2048.' 'The...