R v Khan; R v El Sankari [2022] NSWDC 338

R v Khan; R v El Sankari [2022] NSWDC 338

The Court imposed aggregate sentences for each offender reflecting the mid-range objective seriousness of the violent offences, the need for both general and specific deterrence (despite mitigating mental health and addiction factors), parity with a co-offender, and individual circumstances. Both were convicted and sentenced to 7 years imprisonment, with non-parole periods adjusted for special circumstances, acknowledging some reduction in moral culpability due to deprived backgrounds and addiction.

Parties
Prosecutor: Director of Public Prosecutions; Defendant: Bilal Haider Khan; Defendant: Ayman El Sankari
Jurisdiction
Australia
Judgment Date
11 August 2022
Procedural Posture
Criminal / Sentencing
Outcome
Both defendants convicted and sentenced to imprisonment.
Legal Topics
Violent Offences, Discharge Firearm With Intent to Cause Grievous Bodily Harm, Assault Occasioning Actual Bodily Harm, Threaten to Use Offensive Weapon With Intent to Commit Indictable Offence, Sentencing
Criminal Law Violent Offences Discharge Firearm With Intent to Cause Grievous Bodily Harm Assault Occasioning Actual Bodily Harm Threaten to Use Offensive Weapon With Intent to Commit Indictable Offence Sentencing

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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecutor

Bilal Haider Khan

Defendant

Ayman El Sankari

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for discharge of firearm with intent to cause grievous bodily harm
  2. 2 Sentencing for threatening to use offensive weapon with intent to commit indictable offence
  3. 3 Assessment of moral culpability and mitigating circumstances including mental health and addiction issues

Ratio Decidendi

The Court imposed aggregate sentences for each offender reflecting the mid-range objective seriousness of the violent offences, the need for both general and specific deterrence (despite mitigating mental health and addiction factors), parity with a co-offender, and individual circumstances. Both were convicted and sentenced to 7 years imprisonment, with non-parole periods adjusted for special circumstances, acknowledging some reduction in moral culpability due to deprived backgrounds and addiction.

Court Disposition

Both defendants convicted and sentenced to imprisonment.

Orders

  • Bilal Haider Khan: Aggregate sentence of 7 years imprisonment with non-parole period of 4 years, 6 months from 24 January 2021; eligible for parole on 23 July 2025; head sentence expires 23 January 2028.
  • Ayman El Sankari: Aggregate sentence of 7 years imprisonment with non-parole period of 4 years, 5 months from 10 March 2021; eligible for parole on 9 August 2025; head sentence expires 9 March 2028.