R v Alkanaan (No.7) [2015] NSWSC 904

R v Alkanaan (No.7) [2015] NSWSC 904

Given the objective seriousness of the murder—above mid-range but not the worst case—committed with a loaded shortened shotgun, in broad daylight and while on conditional liberty, and the persistent attempt to pervert justice by conspiracy to influence a witness, substantial sentences are required for both offences. Aggravating factors were given weight; mitigating factors such as the guilty plea to conspiracy and the lack of premeditation were considered but limited in effect. The statutory and common law principles of sentencing, including proportionality, totality, and avoidance of double punishment, were applied. The resulting sentences reflect the seriousness and features of the two...

Parties
Prosecution: Regina; Offender: Falah Alkanaan
Jurisdiction
Australia
Judgment Date
10 July 2015
Procedural Posture
Criminal / Sentencing After Conviction by Jury for Murder and Guilty Plea for Conspiracy to Influence a Witness
Outcome
Offender sentenced. For conspiracy: 1 year and 10 months imprisonment (fixed term) from 8 Nov 2013 to 7 Sep 2015. For murder: 28 years imprisonment, non-parole period of 21 years (8 Aug 2014 to 7 Aug 2035) and balance of 7 years (to 7 Aug 2042); sentences partly accumulated.
Legal Topics
Sentencing, Murder, Conspiracy to Influence a Witness, Aggravating and Mitigating Factors
Criminal Law Sentencing Murder Conspiracy to Influence a Witness Aggravating and Mitigating Factors

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Parties

Regina

Prosecution

Falah Alkanaan

Offender

Procedural Posture

Criminal / Sentencing After Conviction by Jury for Murder and Guilty Plea for Conspiracy to Influence a Witness

Legal Issues

  1. 1 What is the appropriate sentence for murder committed with aggravating circumstances?
  2. 2 What is the appropriate sentence for conspiracy to influence a witness after a guilty plea?
  3. 3 What aggravating and mitigating factors should be considered in sentencing for these offences?

Ratio Decidendi

Given the objective seriousness of the murder—above mid-range but not the worst case—committed with a loaded shortened shotgun, in broad daylight and while on conditional liberty, and the persistent attempt to pervert justice by conspiracy to influence a witness, substantial sentences are required for both offences. Aggravating factors were given weight; mitigating factors such as the guilty plea to conspiracy and the lack of premeditation were considered but limited in effect. The statutory and common law principles of sentencing, including proportionality, totality, and avoidance of double punishment, were applied. The resulting sentences reflect the seriousness and features of the two...

Court Disposition

Offender sentenced. For conspiracy: 1 year and 10 months imprisonment (fixed term) from 8 Nov 2013 to 7 Sep 2015. For murder: 28 years imprisonment, non-parole period of 21 years (8 Aug 2014 to 7 Aug 2035) and balance of 7 years (to 7 Aug 2042); sentences partly accumulated.

Orders

  • Offender is sentenced for conspiracy to a fixed term of 1 year and 10 months imprisonment commencing 8 November 2013 and expiring 7 September 2015.
  • Offender is sentenced for murder to 28 years imprisonment: non-parole period of 21 years commencing 8 August 2014 and concluding 7 August 2035; balance of term of 7 years commencing 8 August 2035 and concluding 7 August 2042.