R v Al-Qas Soomo [2024] NSWSC 1461

R v Al-Qas Soomo [2024] NSWSC 1461

On the limited evidence available, the defendant committed the offences of intimidation (Count 1), assault occasioning actual bodily harm against Soneevia (Count 2), assault occasioning actual bodily harm against Sonia (Count 3), and manslaughter of Samar Shlemoon (alternative to murder, Count 4). The defence of mental health impairment was not made out on the balance of probabilities for Counts 1–3 or murder (Count 4), but substantial impairment due to mental health impairment was established for Count 4, reducing murder to manslaughter.

Parties
Crown: Rex; Defendant: Alam Al-Qas Soomo
Jurisdiction
Australia
Judgment Date
19 November 2024
Procedural Posture
Special Hearing – Criminal Proceedings – Person Unfit to Be Tried / Judgment After Special Hearing
Outcome
On the limited evidence available, findings of guilt for intimidation, assault occasioning actual bodily harm (two counts), and manslaughter (as alternative to murder). Mental health impairment defence not made out; partial defence of substantial impairment successful for Count 4.
Legal Topics
Intimidation, Assault Occasioning Actual Bodily Harm, Manslaughter, Murder, Mental Health Impairment Defence, Substantial Impairment, Domestic Violence
Criminal Law Mental Health Law Intimidation Assault Occasioning Actual Bodily Harm Manslaughter Murder Mental Health Impairment Defence Substantial Impairment +1 more

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Parties

Rex

Crown

Alam Al-Qas Soomo

Defendant

Procedural Posture

Special Hearing – Criminal Proceedings – Person Unfit to Be Tried / Judgment After Special Hearing

Legal Issues

  1. 1 Whether the defendant committed the offences charged given the limited evidence available
  2. 2 Whether the defendant was not criminally responsible for the offences by reason of mental health impairment
  3. 3 Whether partial defence of substantial impairment due to mental health impairment is established

Ratio Decidendi

On the limited evidence available, the defendant committed the offences of intimidation (Count 1), assault occasioning actual bodily harm against Soneevia (Count 2), assault occasioning actual bodily harm against Sonia (Count 3), and manslaughter of Samar Shlemoon (alternative to murder, Count 4). The defence of mental health impairment was not made out on the balance of probabilities for Counts 1–3 or murder (Count 4), but substantial impairment due to mental health impairment was established for Count 4, reducing murder to manslaughter.

Court Disposition

On the limited evidence available, findings of guilt for intimidation, assault occasioning actual bodily harm (two counts), and manslaughter (as alternative to murder). Mental health impairment defence not made out; partial defence of substantial impairment successful for Count 4.

Orders

  • On the limited evidence available, the defendant committed the offence of intimidation charged by Count 1.
  • On the limited evidence available, the defendant committed the offence of assault occasioning actual bodily harm against Soneevia Al-Qas Soomo, charged by Count 2.