R v Linard SHAMOUIL; R v Steven DAVID [2009] NSWSC 24

R v Linard SHAMOUIL; R v Steven DAVID [2009] NSWSC 24

Shamouil was sentenced for murder on the basis of an intention to inflict really serious bodily harm, not intent to kill, in light of the spontaneous and heated circumstances, psychological factors, and absence of premeditation for shooting. The objective gravity of the offence, while serious, was not at the mid-range and, with consideration given to his plea of guilty, background, and remorse, justified a non-parole period below the standard, but aggravated by his prior record and commission whilst on bail. David’s sentences for common assault and accessory after the fact to murder were assessed on the lower end of criminality as an accessory, his remorse, and prospects of...

Jurisdiction
Australia
Judgment Date
06 February 2009
Procedural Posture
Criminal / Sentencing
Outcome
Both offenders sentenced to terms of imprisonment as specified; parole eligibility dates set in accordance with the sentences imposed.
Legal Topics
['sentencing' 'murder' 'common Assault' 'accessory After the Fact']
['criminal Law'] ['sentencing' 'murder' 'common Assault' 'accessory After the Fact']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentences for murder, common assault, and accessory after the fact to murder after guilty pleas' 'Assessment of intention in murder (intent to kill vs. intent to cause really serious bodily harm)' 'Considerations for setting non-parole periods and application of standard non-parole period' 'Effect of guilty pleas and remorse on sentence reduction' 'Comparability and culpability in sentencing accessory after the fact']

Ratio Decidendi

Shamouil was sentenced for murder on the basis of an intention to inflict really serious bodily harm, not intent to kill, in light of the spontaneous and heated circumstances, psychological factors, and absence of premeditation for shooting. The objective gravity of the offence, while serious, was not at the mid-range and, with consideration given to his plea of guilty, background, and remorse, justified a non-parole period below the standard, but aggravated by his prior record and commission whilst on bail. David’s sentences for common assault and accessory after the fact to murder were assessed on the lower end of criminality as an accessory, his remorse, and prospects of...

Court Disposition

Both offenders sentenced to terms of imprisonment as specified; parole eligibility dates set in accordance with the sentences imposed.

Orders

  • ['Linard Shamouil sentenced to imprisonment for 19 years for murder, with a non-parole period of 14 years and 6 months commencing 30 July 2011 and expiring 29 January 2026, balance of term expiring 29 July 2030; eligible for parole on 29 January 2026.' 'Steven David sentenced to 6 months imprisonment for common...