R v Halloun [2014] NSWSC 1705

R v Halloun [2014] NSWSC 1705

Tony Halloun was found guilty of the murder of Shahnaz Qidwai. The murder was committed during an unlawful entry into her home with the intention to steal cash, and was aggravated by the vulnerability of the victim and lack of remorse on the part of the offender. The Court found insufficient evidence to sentence Halloun for felony murder or to conclude cash was stolen, but determined he killed the victim in the course of attempting theft. The offender's lack of remorse, the gravity of the crime, his motivation, and the fact that the crime was out of character informed the determination of a sentence of 24 years' imprisonment with a non-parole period of 17 years, adjusted slightly for...

Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Criminal / Sentence After Guilty Verdict at Trial
Outcome
Offender convicted of murder and sentenced to imprisonment for 24 years with a non-parole period of 17 years.
Legal Topics
['sentencing' 'murder' 'aggravating and Mitigating Factors' 'non Parole Period' 'extra Curial Punishment']
['criminal Law'] ['sentencing' 'murder' 'aggravating and Mitigating Factors' 'non Parole Period' 'extra Curial Punishment']

Case Brief

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Procedural Posture

Criminal / Sentence After Guilty Verdict at Trial

Legal Issues

  1. 1 ['Appropriate sentence for murder after conviction by jury' 'Whether intention to kill or inflict grievous bodily harm established' 'Whether murder committed during aggravated robbery (constructive murder)' 'Assessment of aggravating and mitigating circumstances' 'Effect of extra-curial punishment (assault in custody) on sentence' 'Appropriateness of departing from standard non-parole period ratio']

Ratio Decidendi

Tony Halloun was found guilty of the murder of Shahnaz Qidwai. The murder was committed during an unlawful entry into her home with the intention to steal cash, and was aggravated by the vulnerability of the victim and lack of remorse on the part of the offender. The Court found insufficient evidence to sentence Halloun for felony murder or to conclude cash was stolen, but determined he killed the victim in the course of attempting theft. The offender's lack of remorse, the gravity of the crime, his motivation, and the fact that the crime was out of character informed the determination of a sentence of 24 years' imprisonment with a non-parole period of 17 years, adjusted slightly for...

Court Disposition

Offender convicted of murder and sentenced to imprisonment for 24 years with a non-parole period of 17 years.

Orders

  • ['Tony Halloun convicted of the murder of Shahnaz Qidwai.' 'Tony Halloun sentenced to imprisonment with a non-parole period of 17 years commencing on 15 August 2012 and concluding on 14 August 2029 and a balance of term of 7 years concluding on 14 August 2036.']