R v Terkmani (No 2) [2017] NSWSC 1567

R v Terkmani (No 2) [2017] NSWSC 1567

Although the murder committed by the offender falls within the worst category, satisfying the statutory test for a life sentence given its extreme violence and gruesomeness, the youth of the offender is a relevant subjective consideration that justifies the imposition of a lengthy determinate sentence rather than life imprisonment. The offender is sentenced to an aggregate term reflecting the totality of offending, with substantial concurrency between murder and aggravated sexual assault to avoid double punishment.

Parties
Prosecution: Regina; Offender: Aymen Terkmani
Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced
Legal Topics
Murder, Aggravated Sexual Assault, Sentencing, Maximum Penalty, Youth of Offender, Prior Convictions, Community Protection, Double Punishment
Criminal Law Murder Aggravated Sexual Assault Sentencing Maximum Penalty Youth of Offender Prior Convictions Community Protection +1 more

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Parties

Regina

Prosecution

Aymen Terkmani

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offences of murder and aggravated sexual assault warrant imposition of the maximum prescribed penalty
  2. 2 How the youth of the offender and subjective factors affect the appropriate sentence
  3. 3 Need to avoid double punishment where acts overlap offences

Ratio Decidendi

Although the murder committed by the offender falls within the worst category, satisfying the statutory test for a life sentence given its extreme violence and gruesomeness, the youth of the offender is a relevant subjective consideration that justifies the imposition of a lengthy determinate sentence rather than life imprisonment. The offender is sentenced to an aggregate term reflecting the totality of offending, with substantial concurrency between murder and aggravated sexual assault to avoid double punishment.

Court Disposition

Offender convicted and sentenced

Orders

  • Offender convicted of murder and aggravated sexual assault against Mahmoud Hrouk
  • Aggregate sentence of imprisonment: non-parole period of 33 years commencing on 21 August 2017 and concluding 20 August 2050; balance of term of 12 years concluding 20 August 2062