R v Gatt (No 11) [2018] NSWSC 991

R v Gatt (No 11) [2018] NSWSC 991

Mr Gatt was to be sentenced on the basis that he participated in the murder of Bassil Hijazi as part of a joint criminal enterprise with George Borg, not that he fired the fatal shots. The offence was found to be above mid-range in seriousness, involving a cold-blooded execution in public in the context of ongoing criminal activity, with significant moral culpability but no extenuating subjectives or prospects of rehabilitation. Application of the parity and totality principles required some concurrency with prior sentences, but the seriousness and circumstances of the offences compelled a sentence of 28 years imprisonment, with a non-parole period of 21 years, commencing 1 February 2019.

Parties
Crown: Regina; Offender: Joseph Gatt
Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Criminal / Sentencing After a Defended Jury Trial
Outcome
Convicted and sentenced
Legal Topics
Murder, Joint Criminal Enterprise, Sentencing, Objective Seriousness of Offence, Moral Culpability, Parity Principle, Totality Principle, Victim Impact Statements, No Discount
Criminal Law Murder Joint Criminal Enterprise Sentencing Objective Seriousness of Offence Moral Culpability Parity Principle Totality Principle +2 more

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Parties

Regina

Crown

Joseph Gatt

Offender

Procedural Posture

Criminal / Sentencing After a Defended Jury Trial

Legal Issues

  1. 1 On what factual basis is Mr Gatt to be sentenced given alternative cases advanced by the Crown
  2. 2 The objective seriousness of Mr Gatt's offence
  3. 3 Mr Gatt's moral culpability for his offending

Ratio Decidendi

Mr Gatt was to be sentenced on the basis that he participated in the murder of Bassil Hijazi as part of a joint criminal enterprise with George Borg, not that he fired the fatal shots. The offence was found to be above mid-range in seriousness, involving a cold-blooded execution in public in the context of ongoing criminal activity, with significant moral culpability but no extenuating subjectives or prospects of rehabilitation. Application of the parity and totality principles required some concurrency with prior sentences, but the seriousness and circumstances of the offences compelled a sentence of 28 years imprisonment, with a non-parole period of 21 years, commencing 1 February 2019.

Court Disposition

Convicted and sentenced

Orders

  • Joseph Gatt is convicted of the murder of Bassil Hijazi.
  • Joseph Gatt is sentenced to a non-parole period of 21 years, commencing on 1 February 2019 and expiring on 31 January 2040.