R v Danishyar (No 2) [2024] NSWSC 353

R v Danishyar (No 2) [2024] NSWSC 353

For his role as an accessory before the fact to murder, Mirwais Danishyar is to be sentenced on the basis that he knew the BlackBerry device would be used to lure the deceased to a location to inflict grievous bodily harm, did not know the means (i.e., firearms), and his action, while not indispensable to the murder, was necessary within the criminal plan. Mental health and background (ADHD and dysfunctional upbringing) are mitigating but do not significantly reduce moral culpability; some limited remorse and prospects of rehabilitation are present. He is entitled to a 10% sentence reduction for a late plea. Applying the totality principle, the sentence is partially concurrent and...

Parties
Prosecution: Rex (Crown); Offender: Mirwais Danishyar; Offender: A Djemal SC
Jurisdiction
Australia
Judgment Date
05 April 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Accessory Before the Fact, Murder, Objective Seriousness, Mitigating Factors, Totality Principle, Remorse, Rehabilitation, Bugmy Factors, Delay, Special Circumstances
Criminal Law Sentencing Accessory Before the Fact Murder Objective Seriousness Mitigating Factors Totality Principle Remorse +4 more

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Parties

Rex (Crown)

Prosecution

Mirwais Danishyar

Offender

A Djemal SC

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for Mirwais Danishyar as an accessory before the fact to murder?
  2. 2 What is the objective seriousness of the offending?
  3. 3 Did the offender's personal, psychiatric, and social background mitigate his sentence?

Ratio Decidendi

For his role as an accessory before the fact to murder, Mirwais Danishyar is to be sentenced on the basis that he knew the BlackBerry device would be used to lure the deceased to a location to inflict grievous bodily harm, did not know the means (i.e., firearms), and his action, while not indispensable to the murder, was necessary within the criminal plan. Mental health and background (ADHD and dysfunctional upbringing) are mitigating but do not significantly reduce moral culpability; some limited remorse and prospects of rehabilitation are present. He is entitled to a 10% sentence reduction for a late plea. Applying the totality principle, the sentence is partially concurrent and...

Court Disposition

Convicted and sentenced

Orders

  • Imprisonment for 10 years and 9 months commencing 28 November 2029 and expiring 27 August 2040
  • Non-parole period of 4 years and 9 months commencing 28 November 2029 and expiring 27 August 2034