R v Elsamad [2020] NSWSC 1372

R v Elsamad [2020] NSWSC 1372

The offender is to be sentenced for manslaughter on the basis of committing an unlawful and dangerous act. There is reasonable doubt as to whether he deliberately fired the shotgun with the intent to kill or cause grievous bodily harm, and thus the sentence is imposed for manslaughter by the presentation of a loaded firearm at close range, which was unlawful and dangerous.

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
sentence imposed
Legal Topics
['manslaughter' 'sentencing' 'use of Firearm' 'unlawful and Dangerous Act' 'excessive Self Defence']
['criminal Law'] ['manslaughter' 'sentencing' 'use of Firearm' 'unlawful and Dangerous Act' 'excessive Self Defence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['On what factual and legal basis should the sentence for manslaughter be imposed—excessive self defence or unlawful and dangerous act?' 'What aggravating and mitigating factors affect the sentence for manslaughter using a firearm while on conditional liberty?']

Ratio Decidendi

The offender is to be sentenced for manslaughter on the basis of committing an unlawful and dangerous act. There is reasonable doubt as to whether he deliberately fired the shotgun with the intent to kill or cause grievous bodily harm, and thus the sentence is imposed for manslaughter by the presentation of a loaded firearm at close range, which was unlawful and dangerous.

Court Disposition

sentence imposed

Orders

  • ['Youssef Elsamad is sentenced to imprisonment for 10 years, with a non-parole period of 7 years commencing on 19 November 2018 and expiring on 18 November 2025, and a balance of term of 3 years commencing on 19 November 2025 and expiring on 18 November 2028.' 'He will be eligible for release on parole on 19...