R v Al-Harazi (No 7)

Link copied
Case Copied 59 min read

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Al-Harazi (No 7)

Citation:

[2017] ACTSC 350

Hearing Dates:

13 June and 4 August 2017

DecisionDate:

10 August 2017

ReasonsDate:

22 November 2017

Before:

Refshauge J

Decision:

1.   Maged Mohammed Ahmed Al-Harazi be convicted of the murder of Sabah Al-Mdwali on 17 March 2015.

2.   Maged Mohammed Ahmed Al-Harazi be sentenced to imprisonment for 30 years to commence on 17 March 2015.

3.   A non parole period be set to commence on 17 March 2015 and end on 16 March 2036.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – offences against the person – murder – victim died as a result of multiple stab wounds – offender found guilty at trial by jury – circumstantial evidence case – family violence offence – mental state of the offender – Verdins principles – offender found fit to plead prior to commencement of trial – offender a non-Australian citizen on a residential visa – sentenced to a term of imprisonment for 30 years

Legislation Cited:

Crimes Act 1900 (ACT), ss 12, 311, Div 13.2

Crimes (Sentence Administration) Act 2005 (ACT), s 86
Crimes (Sentencing) Act 2005 (ACT), ss 7, 17, 33
Evidence Act 2011 (ACT), s 4(2)

Cases Cited:

Ashdown v The Queen [2011] VSCA 408; 219 A Crim R 454

Barbaro v The Queen [2014] HCA 2;  253 CLR 58
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
Edigarov [2001] NSWCCA 436; 125 A Crim R 551
Ferrer-Esis (1991) 55 A Crim R 231
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705
Millard v The Queen [2016] ACTCA 14
Munda v Western Australia [2013] HCA 38; 249 CLR 600
R v Al-Harazi (No 3) [2016] ACTSC 290
R v Al-Harazi (No 5) [2017] ACTSC 61
R v Bartlett [2016] ACTSC 390
R v BI (No 4) [2017] ACTSC 71
R v Bourchas [2002] NSWCCA 373; 133 A Crim R 413
R v Eastman (Unreported, Australian Capital Territory Supreme Court, Carruthers AJ, 10 November 1995)
R v Eisenach [2011] ACTCA 2
R v Hamid [2006] NSWCCA 302; 164 A Crim R 179
R v Hayes [2010] QCA 96
R v His Honour Judge Rapke; Ex parte Curtis [1975] VR 641
R v Iacuone (No 2) [2014] ACTSC 149; 286 FLR 217
R v Kilic [2016] HCA 48; 339 ALR 229
R v Lewis (Unreported, NSWSC, Dowd J, 25 October 1996)
R v Pace [2008] NSWCCA 233
R v Rappel [2017] ACTSC 38
R v Salew [1998] VSCA 141
R v Schmidt [2013] ACTSC 295
R v Skura [2004] VSCA 53
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
R v Verdins [2007] VSCA 102; 16 VR 269
Vojneski v The Queen [2016] ACTCA 57

Weininger v The Queen [2003] HCA 14; 212 CLR 629

Parties:

The Queen (Crown)

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read R v Al-Harazi (No 7) and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2017] ACTSC 350
Decision Date

CaseChat Overview and Summary

The case before the court was an appeal against sentence by the respondent, Maged Mohammed Ahmed Al-Harazi, who was convicted of the murder of Sabah Al-Mdwali. The appeal was heard in the Supreme Court of Victoria. The primary issue before the court was whether the sentence imposed on Al-Harazi was manifestly excessive or inadequate. The court was required to consider the nature and circumstances of the offence, including the offender's mental state at the time of the offence, the principles of sentencing for murder, and the appropriate non-parole period.

The court found that the offender had been found guilty of a family violence offence, which involved a high degree of premeditation and cruelty. The court noted that the offender had a history of violent behaviour towards the victim and that the victim had died as a result of multiple stab wounds. The court also considered the principles set out in Verdins, which provide that the sentence for murder should reflect the seriousness of the offence and the culpability of the offender. The court found that the sentence of 30 years imprisonment, with a non-parole period of 21 years, was appropriate in the circumstances of the case.

The court rejected the argument that the sentence was manifestly excessive, noting that the sentence was within the range of sentences typically imposed for murder in Victoria. The court also rejected the argument that the sentence was inadequate, noting that the sentence reflected the seriousness of the offence and the culpability of the offender. The court found that the sentence was proportionate to the gravity of the offence and that the non-parole period was appropriate to ensure that the offender would remain in custody for a sufficient period of time to protect the community.

The court dismissed the appeal against sentence and confirmed the sentence imposed by the trial judge. The orders of the court were that Maged Mohammed Ahmed Al-Harazi be convicted of the murder of Sabah Al-Mdwali, that he be sentenced to imprisonment for 30 years to commence on 17 March 2015, and that a non parole period be set to commence on 17 March 2015 and end on 16 March 2036.

Orders

Orders of the court

1. Maged Mohammed Ahmed Al-Harazi be convicted of the murder of Sabah Al-Mdwali on 17 March 2015.

2. Maged Mohammed Ahmed Al-Harazi be sentenced to imprisonment for 30 years to commence on 17 March 2015.

3. A non parole period be set to commence on 17 March 2015 and end on 16 March 2036.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.