Karaali v The King

Case [2024] NSWCCA 162


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Karaali v R [2024] NSWCCA 162
Hearing dates: 9 August 2024
Date of orders: 26 August 2024
Decision date: 26 August 2024
Before: Ward P at [1]; Wilson J at [156]; Sweeney J at [157]
Decision:

1.   Grant leave to appeal against sentence.

2.   Dismiss the appeal.

Catchwords:

CRIME – Appeals – Appeal against sentence – Whether open to primary judge to find intent to kill – Whether disparate sentences between co-offenders consonant with parity principle – Whether sentence imposed manifestly excessive – Appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), s 86

Criminal Appeal Act 1912 (NSW), s 5

Cases Cited:

Azzopardi v R [2019] NSWCCA 306

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Clarke v R (2015) 254 A Crim R 150; [2015] NSWCCA 232

Croke v R [2021] NSWCCA 294

DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156

Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49

King v R [2015] NSWCCA 99

Lloyd v R [2017] NSWCCA 303

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46

Martellota v R [2021] NSWCCA 168

Moodie v R (2020) 284 A Crim R 87; [2020] NSWCCA 160

Moran v R [2022] NSWCCA 217

Neale v R [2024] NSWCCA 159

Ocek v R [2023] NSWCCA 308

R v Dyson [2023] NSWCCA 132

R v Erdogan [2023] NSWSC 101

R v Fernando (1992) 76 A Crim R 58

R v Hamdach [2023] NSWSC 298

R v Jacobs; R v Mehajer (2004) 151 A Crim R 452; [2004] NSWCCA 462

R v JB [1999] NSWCCA 93

R v Kaewklom (No 3) [2013] NSWSC 59

R v Karaali (No 10) [2023] NSWSC 866

R v Lamb & Thurston [2002] NSWSC 1025

R v Latu (No 3) [2019] NSWSC 951

R v Mills (unreported, Court of Criminal Appeal, NSW, Gleeson CJ, Cole JA and Sperling J, No 60306 of 1994, 3 April 1995)

R v Sione; R v Dawson [2024] NSWSC 84

R v Tafuna Taumalolo [2021] NSWSC 1412

R v Tangi (No 12) [2020] NSWSC 547

Rosenberg v R [2022] NSWCCA 295

Category:Principal judgment
Parties: Abdul Karaali (Applicant)
Rex (Respondent)
Representation:

Counsel:
J Stratton SC (Applicant)
E Nicholson (Respondent)

Solicitors:
Karnib & Co Lawyers (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2020/00061211
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
Supreme Court of New South Wales
Jurisdiction:
Common Law
Citation:

[2023] NSWSC 866

Date of Decision:
24 July 2023
Before:
Campbell J
File Number(s):
2020/61211

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 16 March 2023, the applicant, Abdul Karaali, was convicted of the murder of Ross Houllis in February 2020 following a trial before Campbell J. On 24 July 2023, Campbell J sentenced the applicant to a head sentence of 28…

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AGLC
Karaali v The King [2024] NSWCCA 162
Case
[2024] NSWCCA 162
Decision Date

CaseChat Overview and Summary

In the matter of Karaali v The King, the appeal was brought against a sentence imposed by the primary judge. The appellant, Karaali, was convicted of manslaughter and was sentenced to imprisonment. The primary judge found that Karaali intended to kill the victim. The appeal focused on the primary judge's finding of intent, the disparity in sentences between co-offenders, and whether the sentence was manifestly excessive.

The legal issues before the court were whether the primary judge was correct in finding that Karaali intended to kill, if the sentencing disparity between co-offenders complied with the principle of parity, and whether the sentence was manifestly excessive. The appellant argued that the primary judge erred in finding intent to kill, that the disparity in sentences was unjust, and that the sentence was excessively harsh. The Crown maintained that the findings and sentence were appropriate and within the discretion of the primary judge.

The court considered the evidence and arguments presented. The court found that the primary judge's finding of intent was supported by the evidence, and that the disparity in sentences between co-offenders was justified given the different roles in the crime. The court also held that the sentence was not manifestly excessive, taking into account the severity of the crime and the need for deterrence and retribution. Consequently, the appeal was dismissed, and the sentence upheld.

No additional orders were made beyond the dismissal of the appeal.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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