R v Hamdach [2023] NSWSC 298

R v Hamdach [2023] NSWSC 298

Mr Hamdach was sentenced for constructive murder as a secondary participant in a joint criminal enterprise to commit specially aggravated kidnapping, as per s 18 Crimes Act 1900 (NSW). Although he did not intend or foresee the infliction of grievous bodily harm by his co-offender, he was criminally responsible because the death occurred during the foundational offence, and some violence was contemplated. His objective seriousness was in the mid-range but reduced by lack of intent or foresight for grievous bodily harm. Mitigating factors included significant evidence of childhood trauma, mental illness (schizoaffective disorder), genuine remorse, prior good character, and the utilitarian...

Parties
Offender: Sami Hamdach; Crown: Rex (Crown)
Jurisdiction
Australia
Judgment Date
31 March 2023
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to full-time imprisonment.
Legal Topics
Murder, Sentencing, Constructive Murder, Joint Criminal Enterprise, Kidnapping, Objective Seriousness, Mitigating Factors, Mental Illness, Remorse, Plea of Guilty
Criminal Law Murder Sentencing Constructive Murder Joint Criminal Enterprise Kidnapping Objective Seriousness Mitigating Factors +3 more

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Parties

Sami Hamdach

Offender

Rex (Crown)

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder under constructive murder provisions
  2. 2 Assessment of objective seriousness and moral culpability in joint criminal enterprise/constructive murder
  3. 3 Role of mental illness and subjective factors in sentencing

Ratio Decidendi

Mr Hamdach was sentenced for constructive murder as a secondary participant in a joint criminal enterprise to commit specially aggravated kidnapping, as per s 18 Crimes Act 1900 (NSW). Although he did not intend or foresee the infliction of grievous bodily harm by his co-offender, he was criminally responsible because the death occurred during the foundational offence, and some violence was contemplated. His objective seriousness was in the mid-range but reduced by lack of intent or foresight for grievous bodily harm. Mitigating factors included significant evidence of childhood trauma, mental illness (schizoaffective disorder), genuine remorse, prior good character, and the utilitarian...

Court Disposition

Offender convicted and sentenced to full-time imprisonment.

Orders

  • The offender is sentenced to a term of imprisonment having a non-parole period of 12 years, commencing on 15 February 2020 and expiring on 14 February 2032 with an additional term of 4 years and 2 months commencing at the expiration of the non-parole period and expiring on 14 April 2036.
  • Offender advised that Crimes High Risk Offenders Act 2006 applies, and application may be made for continued detention or supervision after sentence.