Regina v Michael Kanaan [2006] NSWSC 539

Regina v Michael Kanaan [2006] NSWSC 539

The gravity of the offences, involving deliberate shooting at police officers with intent to cause grievous bodily harm and prevent apprehension, warrants significant custodial sentences, tempered slightly due to the delay in prosecution and the 'staleness' of the offences, but requiring partly concurrent terms due to two separate complainants.

Jurisdiction
Australia
Judgment Date
31 May 2006
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Conviction and sentencing
Legal Topics
['sentencing' 'firearms Offences' 'offences Against Police' 'malicious Discharge of Firearm']
['criminal Law'] ['sentencing' 'firearms Offences' 'offences Against Police' 'malicious Discharge of Firearm']

Case Brief

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Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 ['Sentencing for maliciously discharging a firearm with intent to cause grievous bodily harm and to prevent lawful apprehension' 'Appropriateness of concurrent vs. consecutive sentences for offences involving multiple complainants' 'Impact of delay in prosecution on sentencing']

Ratio Decidendi

The gravity of the offences, involving deliberate shooting at police officers with intent to cause grievous bodily harm and prevent apprehension, warrants significant custodial sentences, tempered slightly due to the delay in prosecution and the 'staleness' of the offences, but requiring partly concurrent terms due to two separate complainants.

Court Disposition

Conviction and sentencing

Orders

  • ['Count 5: 8 years imprisonment from 30 March 2006 to 29 March 2014; non-parole period of 5 years from 30 March 2006 to 29 March 2011.' 'Count 6: 7 years imprisonment from 30 March 2006 to 29 March 2013; non-parole period of 4 years from 30 March 2006 to 29 March 2010 (wholly concurrent with Count 5).' 'Count 2: 10...