R v Saeb RAAD [2009] NSWSC 830

R v Saeb RAAD [2009] NSWSC 830

The offender committed an objectively serious armed robbery with a loaded self loading pistol, creating foreseeable risk of serious injury or death and resulting in the killing of the armed guard, but the Crown did not prove beyond reasonable doubt an intention to kill or cause grievous bodily harm. Sentencing was to proceed under the 2001 regime without a standard non-parole period for murder. The offender was entitled to the highest discount for guilty pleas and substantial additional leniency because his voluntary confession revealed offences that otherwise would not have been discovered or proved. Taking account of the seriousness of the crimes, public safety aggravation, prior...

Jurisdiction
Australia
Judgment Date
20 August 2009
Procedural Posture
Criminal Sentence / Remarks on Sentence After Pleas of Guilty to Murder and Armed Robbery
Outcome
Offender convicted and sentenced for armed robbery with a dangerous weapon and murder.
Legal Topics
['murder' 'armed Robbery' 'felony Murder' 'plea of Guilty' 'voluntary Disclosure of Unknown Offences' 'ellis Factors' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'armed Robbery' 'felony Murder' 'plea of Guilty' 'voluntary Disclosure of Unknown Offences' 'ellis Factors' 'standard Non Parole Period']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Pleas of Guilty to Murder and Armed Robbery

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty pleas to murder and armed robbery with a dangerous weapon." 'Whether the Crown proved beyond reasonable doubt that the offender intended to kill or cause grievous bodily harm, or whether the case should be treated as felony murder.' 'What leniency should be allowed for the guilty pleas and for voluntary disclosure of offences that would not otherwise have been discovered or proved.' 'How the seriousness of the offences should be assessed under the sentencing regime applicable in 2001, before a standard non-parole period for murder applied.']

Ratio Decidendi

The offender committed an objectively serious armed robbery with a loaded self loading pistol, creating foreseeable risk of serious injury or death and resulting in the killing of the armed guard, but the Crown did not prove beyond reasonable doubt an intention to kill or cause grievous bodily harm. Sentencing was to proceed under the 2001 regime without a standard non-parole period for murder. The offender was entitled to the highest discount for guilty pleas and substantial additional leniency because his voluntary confession revealed offences that otherwise would not have been discovered or proved. Taking account of the seriousness of the crimes, public safety aggravation, prior...

Court Disposition

Offender convicted and sentenced for armed robbery with a dangerous weapon and murder.

Orders

  • ['For the offence of armed robbery, the offender was sentenced to a fixed term of imprisonment of 5 years commencing 7 February 2008 and expiring on 6 February 2013.' 'For the offence of murder, the offender was sentenced to a term of imprisonment of 14 years commencing 7 February 2008 and expiring on 6 February...