R v Marwan JUBRAEEL [2014] NSWSC 838

R v Marwan JUBRAEEL [2014] NSWSC 838

Mr Jubraeel was found guilty of murder through extended joint criminal enterprise. The evidence did not establish that he intended or was aware of the likelihood of murder before the moment the gun was revealed; his culpability was assessed as the lowest within the range for murder, accounting for his cognitive limitations, traumatic upbringing, and prospects for rehabilitation. Nevertheless, the principles of punishment, deterrence, and protection required the imposition of a lengthy custodial sentence with special circumstances found justifying a longer period on parole.

Jurisdiction
Australia
Judgment Date
23 June 2014
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['murder' 'sentence' 'extended Joint Criminal Enterprise' 'parity' 'criminal Culpability']
['criminal Law'] ['murder' 'sentence' 'extended Joint Criminal Enterprise' 'parity' 'criminal Culpability']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder committed under extended joint criminal enterprise' 'Account of offender’s culpability and subjective circumstances' 'Application of parity in sentencing co-offenders' 'Consideration of standard non-parole period and maximum sentence']

Ratio Decidendi

Mr Jubraeel was found guilty of murder through extended joint criminal enterprise. The evidence did not establish that he intended or was aware of the likelihood of murder before the moment the gun was revealed; his culpability was assessed as the lowest within the range for murder, accounting for his cognitive limitations, traumatic upbringing, and prospects for rehabilitation. Nevertheless, the principles of punishment, deterrence, and protection required the imposition of a lengthy custodial sentence with special circumstances found justifying a longer period on parole.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['Sentenced to a non-parole period of 12 years imprisonment commencing 11 January 2012 and concluding 10 January 2024, with a balance of term of 5 years concluding 10 January 2029.' 'Eligible for release on parole on 10 January 2024.']