R v Diallo & Ors (No 17) (Sentence) [2024] NSWSC 1650

R v Diallo & Ors (No 17) (Sentence) [2024] NSWSC 1650

Each offender is to be sentenced for manslaughter (by unlawful and dangerous act, not with intent to kill or inflict grievous bodily harm) and, as relevant, attempted murder or wounding with intent, with liability determined by direct or extended joint criminal enterprise. Sentences reflect the seriousness of group-initiated armed street violence resulting in one death and two serious woundings, tempered by findings of subjective self-defence and exaggerated responses. Mitigation was allowed in varying degrees for youth, personal backgrounds of deprivation and psychological issues, and progress toward rehabilitation. Aggregate sentences imposed reflect notional concurrency but appropriate...

Parties
Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: YA; Defendant: AD; Defendant: Panashe Morgan Ryan Karise
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Criminal / Sentence
Outcome
All offenders convicted. Full-time imprisonment imposed in each case, with individualised aggregate sentences and non-parole periods. Some related charges withdrawn and dismissed. Three juvenile offenders to serve as juvenile offenders (s 19 Children (Criminal Proceedings) Act). Special circumstances found for...
Legal Topics
Sentencing, Manslaughter, Attempted Murder, Wounding With Intent, Joint Criminal Enterprise, Excessive Self Defence, Youth Offenders, Parity of Sentence, Children (criminal Proceedings) Act 1987 (nsw), Aggregate Sentence
Criminal Law Sentencing Manslaughter Attempted Murder Wounding With Intent Joint Criminal Enterprise Excessive Self Defence Youth Offenders +3 more

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

AG

Defendant

YA

Defendant

AD

Defendant

Panashe Morgan Ryan Karise

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for manslaughter, attempted murder, and wounding with intent arising from a group melee involving youth offenders; assessment of joint criminal enterprise liability versus principal liability; application and extent of excessive self-defence; determination of objective criminality and moral culpability for each offender; consideration of whether offenders should serve sentences as juvenile offenders under s 19 Children (Criminal Proceedings) Act 1987 (NSW); application of parity, proportionality, and totality in sentencing co-offenders; calculation of indicative and aggregate sentences; application of sentencing discounts and special circumstances.

Ratio Decidendi

Each offender is to be sentenced for manslaughter (by unlawful and dangerous act, not with intent to kill or inflict grievous bodily harm) and, as relevant, attempted murder or wounding with intent, with liability determined by direct or extended joint criminal enterprise. Sentences reflect the seriousness of group-initiated armed street violence resulting in one death and two serious woundings, tempered by findings of subjective self-defence and exaggerated responses. Mitigation was allowed in varying degrees for youth, personal backgrounds of deprivation and psychological issues, and progress toward rehabilitation. Aggregate sentences imposed reflect notional concurrency but appropriate...

Court Disposition

All offenders convicted. Full-time imprisonment imposed in each case, with individualised aggregate sentences and non-parole periods. Some related charges withdrawn and dismissed. Three juvenile offenders to serve as juvenile offenders (s 19 Children (Criminal Proceedings) Act). Special circumstances found for...

Orders

  • AD: Aggregate sentence of 8 years (9 Feb 2022 - 8 Feb 2030), non-parole period 5 years (9 Feb 2022 - 8 Feb 2027); to be served as juvenile offender until age 21; related offences withdrawn/dismissed.
  • Panashe Karise: Aggregate sentence of 10 years (1 Nov 2022 - 31 Oct 2032), non-parole period 7½ years (1 Nov 2022 - 30 Apr 2030); related offences withdrawn/dismissed; convicted without further penalty on four traffic offences; 12 months licence disqualification applies.