R v Sultani [2023] NSWSC 645

R v Sultani [2023] NSWSC 645

Given the planned but rudimentarily organised assault, absence of intent to kill or inflict grievous bodily harm, extended joint criminal enterprise liability, presence of aggravating factors such as use of weapons and attack in company, and Mr Sultani’s late guilty plea, the appropriate sentence is 20 years’ imprisonment with a 15-year non-parole period, backdated to 9 November 2020, to vindicate the sanctity of life, denounce serious crime, and reflect the statutory sentencing framework, notwithstanding existing life sentences.

Jurisdiction
Australia
Judgment Date
13 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to 20 years' imprisonment with non-parole period of 15 years, to be served concurrently with existing life sentences.
Legal Topics
['sentencing' 'murder' 'joint Criminal Enterprise' 'gangland Violence' 'objective Seriousness']
['criminal Law'] ['sentencing' 'murder' 'joint Criminal Enterprise' 'gangland Violence' 'objective Seriousness']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Mr Sultani for the murder of Nikola Srbin committed in 2013, considering aggravating and mitigating features and his plea of guilty?' 'Does the case fall within the standard non-parole period for murder under the relevant legislation, and if not, what sentence is appropriate given the circumstances?']

Ratio Decidendi

Given the planned but rudimentarily organised assault, absence of intent to kill or inflict grievous bodily harm, extended joint criminal enterprise liability, presence of aggravating factors such as use of weapons and attack in company, and Mr Sultani’s late guilty plea, the appropriate sentence is 20 years’ imprisonment with a 15-year non-parole period, backdated to 9 November 2020, to vindicate the sanctity of life, denounce serious crime, and reflect the statutory sentencing framework, notwithstanding existing life sentences.

Court Disposition

Convicted and sentenced to 20 years' imprisonment with non-parole period of 15 years, to be served concurrently with existing life sentences.

Orders

  • ['Abuzar Sultani is convicted and sentenced to a non-parole period of 15 years commencing 9 November 2020 and expiring on 8 November 2035, with balance of term of 5 years expiring on 8 November 2040.' 'The Crimes (High Risk Offenders) Act 2006 (NSW) applies if released.']