R v Sultani [2024] NSWSC 338

R v Sultani [2024] NSWSC 338

The offence was an execution-style murder with intent to kill and is highly serious and callous, though not pre-planned. A sentence of 31 years and 6 months imprisonment, with a non-parole period of 23 years, was appropriate after a 10% utilitarian discount for the late guilty plea. The killing was motivated by anticipated threats relating to the offender leaving an outlaw motorcycle gang. There was no demonstrated remorse or evidence supporting rehabilitation.

Parties
Crown: Rex; Offender: Abuzar Sultani
Jurisdiction
Australia
Judgment Date
05 April 2024
Procedural Posture
Criminal / Sentence Following Plea of Guilty
Outcome
Offender sentenced to imprisonment
Legal Topics
Sentencing, Murder, Organised Crime, Plea of Guilty, Objective Seriousness
Criminal Law Sentencing Murder Organised Crime Plea of Guilty Objective Seriousness

Case Brief

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Parties

Rex

Crown

Abuzar Sultani

Offender

Procedural Posture

Criminal / Sentence Following Plea of Guilty

Legal Issues

  1. 1 Appropriate sentence for murder in a gang context
  2. 2 Objective seriousness and culpability of the offence
  3. 3 Application of legislative sentencing principles, including standard non-parole periods and utilitarian discount on sentence

Ratio Decidendi

The offence was an execution-style murder with intent to kill and is highly serious and callous, though not pre-planned. A sentence of 31 years and 6 months imprisonment, with a non-parole period of 23 years, was appropriate after a 10% utilitarian discount for the late guilty plea. The killing was motivated by anticipated threats relating to the offender leaving an outlaw motorcycle gang. There was no demonstrated remorse or evidence supporting rehabilitation.

Court Disposition

Offender sentenced to imprisonment

Orders

  • Imprisonment for period of 31 years 6 months, commencing on 20 May 2020 and expiring on 19 November 2051
  • Non-parole period of 23 years, expiring on 19 May 2043