R v Azzi (No 1)

Case [2020] NSWSC 988


Supreme Court


New South Wales

Medium Neutral Citation: R v Azzi (No 1) [2020] NSWSC 988
Hearing dates: 11 February 2020
Date of orders: 6 March 2020
Decision date: 06 March 2020
Jurisdiction:Common Law
Before: Walton J
Decision:

The overall sentence is 11 years’ imprisonment, with a non-parole period of 8 years and 3 months.

Catchwords:

CRIMINAL LAW – sentence – manslaughter – victim impact statements – objective features – objective seriousness – aggravating factors – mitigating features – subjective features – significant and lengthy history of criminal convictions – protection of community – personal deterrence – remorse – prospects of rehabilitation – general deterrence – specific deterrence – maximum penalty – non-parole period – special circumstances – orders

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Apps v R [2006] NSWCCA 290

Baumer v The Queen (1988) 166 CLR 51

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

Butters v R [2010] NSWCCA 1

Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1

Charbaji v R [2019] NSWCCA 28

Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67

CPW v R (2009) 195 A Crim R 149; [2009] NSWCCA 105

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

Frigiani v R [2007] NSWCCA 81

GG v R [2018] NSWCCA 280

Hawkins v R (1993) 67 A Crim R 64

Ibbs v The Queen (1987) 163 CLR 447

Imbornone v R [2017] NSWCCA 144

in Ryan v The Queen (1982) 149 CLR 1

Kentwell v R (No 2) [2015] NSWCCA 96

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

McDowall v R [2019] NSWCCA 29 at

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38

Munro v R [2006] NSWCCA 350

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

Perkins v R [2018] NSWCCA 62

Pfitzner v R [2010] NSWCCA 314

R H McL v The Queen (2000) 203 CLR 452

R v Appleby (Unreported, Supreme Court of New South Wales, 18 July 1997)

R v Barbetta [2008] NSWSC 688

R v Blacklidge (Unreported, New South Wales Court of Criminal Appeal, 12 December 1994)

R v Booth [2014] NSWCCA 156

R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102

R v Dodd (1991) 57 A Crim R 349

R v Elfar [2003] NSWCCA 358

R v Fazah [2014] NSWSC 231

R v Geddes (1936) 36 SR (NSW) 554

R v Gierczynski [2013] NSWSC 1870

R v Halloun [2014] NSWSC 1705

R v Hines (No 3) [2014] NSWSC 1273

R v Hoerler (2004) 147 A Crim R 520; [2004] NSWCCA 184

R v Ibrahimi [2005] NSWCCA 153

R v Irwin [2019] NSWCCA 133

R v Isaacs (1997) 41 NSWLR 374

R v JK

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AGLC
R v Azzi (No 1) [2020] NSWSC 988
Case
[2020] NSWSC 988
Decision Date

CaseChat Overview and Summary

In the case of R v Azzi (No 1), the defendant was charged with manslaughter and faced the Supreme Court of Victoria. The dispute centred around the appropriate sentence to be imposed on the defendant, who had been found guilty of manslaughter by unlawful act. The prosecution sought a sentence that reflected the gravity of the offence and the impact on the victim's family, while the defence argued for a lesser sentence, citing mitigating factors such as the defendant's background and remorse.

The court was required to consider several legal issues, including the objective and subjective seriousness of the crime, any aggravating or mitigating factors, and the purposes of sentencing. Key considerations included the impact on the victim and their family, the defendant's criminal history, the need for personal and general deterrence, and the prospects for rehabilitation. The court also had to determine whether any special circumstances existed that warranted a departure from the usual sentencing principles.

In reaching its decision, the court assessed the objective features of the offence, finding it to be of significant seriousness due to the unlawful act and its consequences. The court also acknowledged the impact on the victim's family through victim impact statements. Aggravating factors included the defendant's lengthy criminal history, while mitigating factors such as the defendant's remorse and prospects of rehabilitation were considered. The court balanced these factors against the objectives of sentencing, ultimately determining an appropriate sentence that included a maximum penalty and a non-parole period. The court concluded that special circumstances did not warrant a departure from standard sentencing principles.

The final orders included a sentence of imprisonment with a maximum penalty and a non-parole period, reflecting the court's assessment of the case's unique circumstances and the principles of justice. The court aimed to achieve the overarching goals of sentencing, including protection of the community, personal deterrence, and general deterrence, while also considering the defendant's potential for rehabilitation.

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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