Director of Public Prosecutions v Elliott & Fares (Sentence)

In the case of Director of Public Prosecutions v Elliott & Fares, the defendants were convicted of two counts of murder, two counts of attempted murder, and one count of intentionally causing serious injury. The crime involved a planned attack on a nightclub using a semi-automatic handgun, resulting in four shots fired with the intent to kill. The matter was heard in the Court of Appeal, which was tasked with determining the appropriate sentences for the offenders.

The legal issues before the court included the determination of an appropriate sentence for the gravity of the crimes committed, despite the young age of the offenders. The court had to balance the mitigating factors, such as the youth of the offenders and the lack of evidence suggesting that the attack was ordered by the father of one of the accused, against the aggravating factors, including the high moral culpability and the absence of remorse. The court also had to consider the statutorily prescribed minimum periods for life sentences.

The court found that the seriousness of the crimes and the high moral culpability of the offenders outweighed the mitigating factors. The youth of the offenders was acknowledged but did not diminish the gravity of the crimes committed. The court concluded that sentences of life imprisonment were appropriate, with non-parole periods set below the statutorily prescribed minimum periods. The total effective sentence in each case was life imprisonment, with non-parole periods of 29 years for Elliott and 27 years for Fares. The court's reasoning was based on the extreme nature of the offending and the lack of remorse shown by the offenders.