R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 6) [2016] NSWSC 1867

R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 6) [2016] NSWSC 1867

The murders were well above the mid-range in seriousness, and full-time custodial sentences were appropriate for both murder and accessory after the fact. While psychiatric disorder reduced Azam Charbaji's moral culpability and diminished the role of general deterrence, it increased the need to protect society. Haysem Charbaji's culpability was similar on objective grounds due to his central role. Lexy Jamieson's assistance, cleaning of evidence, and attempt to prevent detection warranted a custodial sentence, despite background factors.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Criminal / Sentencing After Trial
Outcome
Convictions entered with sentences imposed for each offender as set out in the Court's pronouncement.
Legal Topics
['sentencing' 'murder' 'accessory After the Fact' 'objective Seriousness' 'subjective Circumstances' 'psychiatric Condition' 'general Deterrence' 'specific Deterrence' 'protection of Society']
['criminal Law'] ['sentencing' 'murder' 'accessory After the Fact' 'objective Seriousness' 'subjective Circumstances' 'psychiatric Condition' 'general Deterrence' 'specific Deterrence' 'protection of Society']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 ['Appropriate sentences for murder and accessory after the fact to murder' 'Impact of psychiatric and psychological conditions on sentencing' 'Moral culpability and degree of objective seriousness' 'Effect of prior convictions on sentencing']

Ratio Decidendi

The murders were well above the mid-range in seriousness, and full-time custodial sentences were appropriate for both murder and accessory after the fact. While psychiatric disorder reduced Azam Charbaji's moral culpability and diminished the role of general deterrence, it increased the need to protect society. Haysem Charbaji's culpability was similar on objective grounds due to his central role. Lexy Jamieson's assistance, cleaning of evidence, and attempt to prevent detection warranted a custodial sentence, despite background factors.

Court Disposition

Convictions entered with sentences imposed for each offender as set out in the Court's pronouncement.

Orders

  • ["Azam Charbaji: Convicted of murder; sentenced to non-parole period of 24 years' imprisonment (7 January 2015 to 6 January 2039) and total term of 32 years (to 6 January 2047)." "Haysem Charbaji: Convicted of murder; sentenced to non-parole period of 27 years' imprisonment (14 February 2016 to 13 February 2043) and...