Ibrahim v Regina [2009] NSWCCA 15

Ibrahim v Regina [2009] NSWCCA 15

The appeal failed because the agreed facts made it open to the sentencing judge to infer beyond reasonable doubt that the assault on Robin Nassour was planned, including the prior dispute, the deliberate use of the basement car park, the prearranged appearance of the applicant and his companions, and the immediate group attack after George Nassour was stabbed. The sentence was not manifestly excessive because the offence was objectively serious: the applicant participated in a brutal group attack on a defenceless victim while aware that a co-offender was armed with a knife and might use it again, and the offence was committed while the applicant was on bail.

Jurisdiction
Australia
Judgment Date
13 February 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted, but the appeal dismissed.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'extended Joint Criminal Enterprise' 'planning Inference' 'manifest Excess' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'extended Joint Criminal Enterprise' 'planning Inference' 'manifest Excess' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether it was open to the sentencing judge to infer beyond reasonable doubt that the applicant had agreed with his co-offenders to assault the deceased before the deceased arrived in the car park.' 'Whether the sentence imposed for manslaughter was manifestly excessive.']

Ratio Decidendi

The appeal failed because the agreed facts made it open to the sentencing judge to infer beyond reasonable doubt that the assault on Robin Nassour was planned, including the prior dispute, the deliberate use of the basement car park, the prearranged appearance of the applicant and his companions, and the immediate group attack after George Nassour was stabbed. The sentence was not manifestly excessive because the offence was objectively serious: the applicant participated in a brutal group attack on a defenceless victim while aware that a co-offender was armed with a knife and might use it again, and the offence was committed while the applicant was on bail.

Court Disposition

Leave to appeal granted, but the appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']