R v Hamide [2018] NSWDC 172

R v Hamide [2018] NSWDC 172

The wounding offence was slightly below the mid-range of objective gravity because it involved a single stab wound with no lasting physical consequences, although the offender had armed himself with a knife before a pre-arranged meeting. The solicit to murder offence was in the mid-range because it was prompted by concern that the offender would be identified for the earlier stabbing, followed earlier meetings, involved the offender as principal, and was not immediately withdrawn or regretted. The offender's first imprisonment, anxiety, and family hardship did not amount to special circumstances, and the aggregate non-parole period imposed was the minimum time he should spend in custody.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdicts
Outcome
The offender was sentenced to an aggregate term of imprisonment with a head sentence of 13 years and a non-parole period of 9 and a half years.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'solicit to Murder' 'objective Gravity' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['wounding With Intent to Cause Grievous Bodily Harm' 'solicit to Murder' 'objective Gravity' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances']

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 Sentence / Sentencing After Jury Verdicts

Legal Issues

  1. 1 ['Assessment of the objective gravity of the offence of wounding with intent to cause grievous bodily harm.' 'Assessment of the objective gravity of the offence of soliciting another to murder Mark Ayoub.' 'Whether special circumstances justified an adjustment to the non-parole period.' 'Determination of the appropriate aggregate sentence.']

Ratio Decidendi

The wounding offence was slightly below the mid-range of objective gravity because it involved a single stab wound with no lasting physical consequences, although the offender had armed himself with a knife before a pre-arranged meeting. The solicit to murder offence was in the mid-range because it was prompted by concern that the offender would be identified for the earlier stabbing, followed earlier meetings, involved the offender as principal, and was not immediately withdrawn or regretted. The offender's first imprisonment, anxiety, and family hardship did not amount to special circumstances, and the aggregate non-parole period imposed was the minimum time he should spend in custody.

Court Disposition

The offender was sentenced to an aggregate term of imprisonment with a head sentence of 13 years and a non-parole period of 9 and a half years.

Orders

  • ['For the offence of wounding with intent to cause grievous bodily harm, the indicative sentence was a non-parole period of 4 years with a head sentence of 6 years.' 'For the offence of soliciting murder, the indicative sentence was a non-parole period of 7 years with a head sentence of 10 years.' 'The aggregate...