R v Fazlilar [2018] NSWSC 1663

R v Fazlilar [2018] NSWSC 1663

The seriousness of the murder was just below mid-range due to lack of planning and absence of intent to kill; the firearms offence was above mid-range due to the loaded gun, repeated possession, and use in the murder. Sentences were accumulated appropriately, reflecting the separate offending and risk to public safety. No mitigation for remorse was allowed, but prospects of rehabilitation were found to be reasonable if substance abuse is overcome.

Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['sentencing' 'murder' 'firearms Offences' 'objective Seriousness' 'drug Use and Criminal Responsibility']
['criminal Law'] ['sentencing' 'murder' 'firearms Offences' 'objective Seriousness' 'drug Use and Criminal Responsibility']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Hasan Fazlilar for murder and unauthorised possession of a firearm?' 'What is the objective seriousness of each offence and what are the relevant mitigating/aggravating factors?']

Ratio Decidendi

The seriousness of the murder was just below mid-range due to lack of planning and absence of intent to kill; the firearms offence was above mid-range due to the loaded gun, repeated possession, and use in the murder. Sentences were accumulated appropriately, reflecting the separate offending and risk to public safety. No mitigation for remorse was allowed, but prospects of rehabilitation were found to be reasonable if substance abuse is overcome.

Court Disposition

Convicted and sentenced

Orders

  • ['For unauthorised possession of a pistol: imprisonment for 6 years with a non-parole period of 4 years and 6 months from 28 November 2015; non-parole expires 27 May 2017.' 'For murder: imprisonment for 24 years and 6 months with a non-parole period of 18 years from 28 May 2017; non-parole expires 27 May 2035.'...