R v Sultani; R v Munshizada; R v Baines; R v Danishyar [2021] NSWSC 1654

R v Sultani; R v Munshizada; R v Baines; R v Danishyar [2021] NSWSC 1654

Sultani and Munshizada's culpability for three murders was so extreme, involving premeditation, planning, commercial and personal motives, and brazen conduct, that only life imprisonment could satisfy the four statutory indicia: retribution, punishment, community protection and deterrence. The 'worst category' threshold and absence of mitigating subjective evidence justified mandatory life sentences. Baines' role in the murder of Pasquale Barbaro, though significant, was not as extreme and was influenced by Sultani and Munshizada; a lengthy but determinate sentence was imposed. Danishyar, while not a principal, had an integral role as accessory before and after the fact, warranting...

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
['murder' 'accessory Before the Fact' 'accessory After the Fact' 'sentencing' 'organised Crime' 'parole Eligibility' 'life Imprisonment' 'criminal Culpability' 'criminal Organisations' 'suppression Orders']
['criminal Law'] ['murder' 'accessory Before the Fact' 'accessory After the Fact' 'sentencing' 'organised Crime' 'parole Eligibility' 'life Imprisonment' 'criminal Culpability' 'criminal Organisations' 'suppression Orders']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriateness of life sentences for murder under s 61(1) Crimes (Sentencing Procedure) Act 1999 (NSW)' "Sentencing for murder in 'worst category' cases" 'Sentencing accessories before and after the fact to murder' 'Consideration of subjective factors in sentencing for murder' 'Role of premeditation, planning and organised criminal activity in murder sentencing' 'Eligibility for parole and fixing minimum terms']

Ratio Decidendi

Sultani and Munshizada's culpability for three murders was so extreme, involving premeditation, planning, commercial and personal motives, and brazen conduct, that only life imprisonment could satisfy the four statutory indicia: retribution, punishment, community protection and deterrence. The 'worst category' threshold and absence of mitigating subjective evidence justified mandatory life sentences. Baines' role in the murder of Pasquale Barbaro, though significant, was not as extreme and was influenced by Sultani and Munshizada; a lengthy but determinate sentence was imposed. Danishyar, while not a principal, had an integral role as accessory before and after the fact, warranting...

Court Disposition

conviction and sentencing

Orders

  • ['Abuzar Sultani sentenced to imprisonment for life for each of the murders of Michael Davey, Mehmet Yilmaz, and Pasquale Barbaro; sentences commence from 29 November 2016.' 'Siar Munshizada sentenced to imprisonment for life for each of the murders of Michael Davey, Mehmet Yilmaz, and Pasquale Barbaro; sentences...