R v Aoun - [2006] NSWSC 800

CITATION: R v AOUN [2006] NSWSC 800

HEARING DATE(S): 7 August 2006

JUDGMENT DATE :
7 August 2006

JUDGMENT OF: Hulme J at 1

DECISION: Sentence you to imprisonment for a non-parole period of 13 years commencing on 18 May 2006 together with a balance of term of 4 years and 3 months commencing on 18 May 2019. The earliest day upon which it appears you will be entitled to be eligible to be released on parole is 18 May 2019.

PARTIES: Regina
Gabriel AOUN

FILE NUMBER(S): SC 2005/2145

COUNSEL: Crown: W Roser
Prisoner: B Quinn

SOLICITORS: Director of Public Prosecutions
Legal Aid of NSW

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IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

HULME J

7 August 2006

R v Gabriel AOUN

REMARKS ON SENTENCE

1 HIS HONOUR: On 28 June 2003 Gabriel Aoun was convicted by a jury of having, on 7 December 2003, been an accessory before the fact to the murder of Sayed Frangieh. It now falls to me to sentence Mr Aoun.

2 Incidental to that task is to arrive at conclusions as to his criminality and the circumstances of his offending and to other matters relevant to the task. I record that, apart from matters necessarily flowing from the verdict of the jury, I must be satisfied beyond reasonable doubt of any matters I use adversely to the Prisoner. It is sufficient if I am satisfied on the balance of probabilities as to matters going in mitigation.

3 I should add that, although it is necessary in that task for me to canvass evidence that describes or refers to the actions of others, those persons were not tried at the same time as the Prisoner. They may not even have been charged. No evidence they could give was before me nor did they have the opportunity of challenging any evidence that was given, and any remarks I make or conclusions I draw as to their involvement must be considered in that light. I am informed that some of them are to face some charges and in these circumstances I have thought it proper to refer to those persons by pseudonyms rather than BY their names.

4 A Mr Ramond Frangieh lived at 6 Bristol St, Merrylands with his family, including his father Sayed, his mother and sister Elizabeth. He gave evidence of an arrangement with a Mr B for the latter to purchase a vehicle, of handing over the vehicle but retaining the registration papers, of the fact that Mr B did not pay the $50,000 purchase priced that had been agreed but that the vehicle had then been transferred into the name of the wife of Joe Nader, a close friend of Mr B. On 25 September 2003 Mr Frangieh reported this to the police who informed him later that day that they had taken possession of the vehicle. The house where Mr Frangieh lived was shot at that night. One of the witnesses in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Aoun

Details

AGLC: R v Aoun [2006] NSWSC 800
Case: [2006] NSWSC 800
Decision Date: 7 August 2006

CaseChat Overview and Summary

Gabriel Aoun was convicted of being an accessory before the fact to the murder of Sayed Frangieh. The court was required to determine his culpability, the extent of his involvement, and the appropriate sentence. The legal issues included whether Aoun's role qualified him as an accessory before the fact and if the standard non-parole period for murder applied to his case. The court found Aoun's involvement substantial, though less than the primary actors, as he assisted in the planning and execution of the crime. Aoun's role was significant enough to warrant a severe sentence, but his lack of prior convictions and potential for rehabilitation were considered. The court sentenced Aoun to imprisonment for a non-parole period of 13 years, with a balance of 4 years and 3 months, commencing on 18 May 2006. The earliest day he would be eligible for parole is 18 May 2019.

Orders