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R v Chami

R v Chami

Case [1999] NSWSC 1268 20 December 1999

Sentencing

Manslaughter

Unlawful and Dangerous Act

Use of Knife

Compensatory Damages

Criminal Law

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CITATION: R v Chami [1999] NSWSC 1268

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): 70092/98

HEARING DATE(S): 20-21 September, 1999, 8 December 1999

JUDGMENT DATE:
20 December 1999

PARTIES :

Regina v Bassam CHAMI

JUDGMENT OF: Studdert J

COUNSEL : M. Marien (Crown)
C.J. O'Loughlin (Prisoner)

SOLICITORS: Office of the Director of Public Prosecutions (Crown)
Legal Aid Commission (Prisoner)

CATCHWORDS: Sentencing; manslaughter; unlawful and dangerous act; use of knife; single stab wound; sentence of 8 years 6 months penal servitude, with minimum term of 5 years 6 months.

ACTS CITED: Sentencing Act
Criminal Procedure Act

CASES CITED: Wilson v The Queen (1991) 174 CLR 313
R v Blacklidge (unreported, NSWCCA, 12 December 1995)
R v Rothapfel (unreported) NSWCCA, 4 August 1992
R v Bryant [1999] NSWCCA 181
R v Lewis [1999] NSWSC 131
R v Papandrea [1999] NSWSC 978
R v Owen (unreported, NSWCCA, 5 June 1997)
R v Horton [1999] NSWSC 983
R v Taouk (unreported, NSWCCA, 20 March 1992)
R v Wright [1999] NSWSC 1087
R v Azar 56 A Crim R 414
R v Khouzami [1999] NSWSC 979
R v Robson [1999] NSWSC 855
R v Lam (unreported, NSWCCA, 20 March 1998)
R v Sofokleous (unreported, NSWCCA, 13 December 1993)
R v Greneger [1999] NSWSC 380
R v Previtera (1998) 94 A Crim R 76

DECISION: See para 31

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
STUDDERT J
Monday 20 December 1999

70092/98 REGINA v BASSAM CHAMI
SENTENCE
1 HIS HONOUR: The prisoner, Bassam Chami, was charged with the murder of Larry Cox at Auburn on 25 April 1998. On the presentation of an indictment charging him with the commission of that crime on 21 September 1999, the prisoner pleaded not guilty to murder but guilty to manslaughter. The Crown accepted that plea in satisfaction of the indictment and the prisoner was duly convicted of manslaughter.
2 The deceased, Larry Cox, who was thirty-four years of age, was apparently celebrating Anzac Day with friends at the Auburn Village Tavern in Auburn. He sustained his fatal injuries at or shortly after midnight. A statement of agreed facts concerning the commission of the crime was placed before the Court and from that statement (Exhibit A) I set out the following:

“About midnight, the deceased became involved in a verbal argument with Shadi Kouzaiha in the front room area of the Tavern, near the band. The two security staff Paul Langi and Tausinga Langi then confronted Shadi Kouzaiha and physically removed him from the premises. At this time a fight erupted between the Security Staff and a number of other Lebanese persons near the doorway of the Tavern. This incident was recorded on video within the Tavern. A large fight erupted between Security Staff, persons of middle-eastern appearance and other persons from the hotel.

The deceased left the inside of the Tavern and become [sic] involved in a fight outside on the footpath area with Shady Kouzaiha. Kouzaiha was seen to punch the deceased in the face. The deceased…

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 Chami

Details

AGLC: R v Chami [1999] NSWSC 1268
Case: [1999] NSWSC 1268
Decision Date: 20 December 1999

CaseChat Overview and Summary

In the case of R v Chami, the respondent, Chami, was charged with manslaughter following a fatal stabbing incident in which he used a knife in an unlawful and dangerous manner. The incident resulted in the death of the victim from a single stab wound. The matter was heard in the Supreme Court of Victoria. Chami was convicted and faced the court for sentencing.

The primary legal issue before the court was to determine an appropriate sentence for the crime of manslaughter. The court considered various factors including the unlawful and dangerous nature of the act, the circumstances leading to the fatal stabbing, and the impact of the crime on the victim and their family. Additionally, the court needed to balance the need for punishment with considerations of rehabilitation and deterrence.

The court found that the use of a knife in an unlawful and dangerous manner was a significant aggravating factor, leading to the severe consequence of the victim's death. The court emphasised the need to protect society from such dangerous behaviour while also considering Chami's potential for rehabilitation. After weighing these factors, the court sentenced Chami to a term of 8 years and 6 months of penal servitude, with a minimum term of 5 years and 6 months to be served before any possibility of parole. This sentence reflects the gravity of the offence and the need to uphold the principles of justice and public safety.

The court's decision and sentencing provide a clear guideline for similar cases in the future, balancing the severity of the crime with considerations of rehabilitation and the protection of society. The final orders reflect the court's determination to impose a sentence that serves both punitive and rehabilitative purposes, ensuring that justice is served for the victim and their family, while also considering the potential for Chami's reform and reintegration into society.

Orders