R v Tabbah; R v Tiriaki (No 6) [2014] NSWSC 1764

R v Tabbah; R v Tiriaki (No 6) [2014] NSWSC 1764

The court found that Salim Tabbah and Wassim Tiriaki went to Mathew Hedges' home with the planned intention of robbery while armed, that Mr Tiriaki deliberately fired the fatal shot with intent to kill (not in panic), and that Mr Tabbah contemplated the possibility that the gun would be discharged. Both offenders were sentenced proportionately, taking into account aggravating and mitigating factors, the seriousness of their offences, their personal circumstances, and findings of special circumstances regarding parole eligibility and supervision.

Parties
Crown: Regina; Accused: Salim Tabbah; Accused: Wassim Tiriaki
Jurisdiction
Australia
Judgment Date
10 December 2014
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Both accused convicted and sentenced to terms of imprisonment; Tabbah for manslaughter, Tiriaki for murder.
Legal Topics
Murder, Manslaughter, Sentencing, Co Offenders, Aggravating and Mitigating Factors, Deterrence, Special Circumstances, Totality and Parity, Victim Impact Statements
Criminal Law Murder Manslaughter Sentencing Co Offenders Aggravating and Mitigating Factors Deterrence Special Circumstances +2 more

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Parties

Regina

Crown

Salim Tabbah

Accused

Wassim Tiriaki

Accused

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentences for murder and manslaughter involving co-offenders during a robbery resulting in death
  2. 2 Assessment of aggravating and mitigating factors in sentencing
  3. 3 Determination of special circumstances for parole eligibility and custody ratio

Ratio Decidendi

The court found that Salim Tabbah and Wassim Tiriaki went to Mathew Hedges' home with the planned intention of robbery while armed, that Mr Tiriaki deliberately fired the fatal shot with intent to kill (not in panic), and that Mr Tabbah contemplated the possibility that the gun would be discharged. Both offenders were sentenced proportionately, taking into account aggravating and mitigating factors, the seriousness of their offences, their personal circumstances, and findings of special circumstances regarding parole eligibility and supervision.

Court Disposition

Both accused convicted and sentenced to terms of imprisonment; Tabbah for manslaughter, Tiriaki for murder.

Orders

  • Salim Tabbah is convicted of the manslaughter of Mathew Hedges. He is sentenced to a term of imprisonment with a non-parole period of 10 years, commencing on 6 March 2012 and expiring on 5 March 2022, with a balance of term of 4 years, to commence on 6 March 2022 and expire on 5 March 2026. Earliest date eligible...
  • Wassim Tiriaki is convicted of the murder of Mathew Hedges. He is sentenced to a term of imprisonment with a non-parole period of 20 years, commencing on 5 June 2012 and expiring on 4 June 2032, with a balance of term of 8 years, to commence on 5 June 2032 and expire on 4 June 2040. Earliest date eligible for parole...