R v Tiriaki [2023] NSWSC 1480

R v Tiriaki [2023] NSWSC 1480

Mr Tiriaki was sentenced for the offence of constructive murder based on his participation in a joint criminal enterprise to commit a specially aggravated kidnapping which, while not directly causing the death, attracted liability due to the death occurring during the course of the offence. The proceedings commenced prior to the 2018 amendments to the Crimes (Sentencing Procedure) Act 1999 (NSW), so the previous sentencing provisions applied. Given Mr Tiriaki's age (21), prospects of rehabilitation, lack of intent to kill, his subordinate role, early guilty plea with utilitarian value, and other mitigating factors, the sentence imposed reflected these considerations, with a non-parole...

Parties
Crown: Rex; Offender: Wassim Tiriaki
Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Murder, Constructive Murder, Youth Offenders, Guilty Plea Discount, Aggravating and Mitigating Factors, Rehabilitation
Criminal Law Sentencing Murder Constructive Murder Youth Offenders Guilty Plea Discount Aggravating and Mitigating Factors Rehabilitation

Case Brief

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Parties

Rex

Crown

Wassim Tiriaki

Offender

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Proper construction and application of Pt 3 Div 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW) in context of retrial and pre-amendment proceedings
  2. 2 Determination of objective seriousness and appropriate sentence for constructive murder by a youthful offender with rehabilitation prospects
  3. 3 Whether special circumstances exist to vary the statutory ratio between non-parole period and head sentence

Ratio Decidendi

Mr Tiriaki was sentenced for the offence of constructive murder based on his participation in a joint criminal enterprise to commit a specially aggravated kidnapping which, while not directly causing the death, attracted liability due to the death occurring during the course of the offence. The proceedings commenced prior to the 2018 amendments to the Crimes (Sentencing Procedure) Act 1999 (NSW), so the previous sentencing provisions applied. Given Mr Tiriaki's age (21), prospects of rehabilitation, lack of intent to kill, his subordinate role, early guilty plea with utilitarian value, and other mitigating factors, the sentence imposed reflected these considerations, with a non-parole...

Court Disposition

Convicted and sentenced

Orders

  • The offender is sentenced to a term of imprisonment, being a full-time custodial sentence, with a non-parole period of 11 years and 8 months' imprisonment, commencing 6 June 2012 and concluding 5 February 2024, with the remainder of the term of 5 years and 10 months, concluding 5 December 2029.
  • The offender is first eligible for parole on 5 February 2024.