Supreme Court
New South Wales
Medium Neutral Citation: R v Doudar [2020] NSWSC 1262 Hearing dates: 9 September 2020 Decision date: 17 September 2020 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Imprisonment for 4 years and 6 months with a non-parole period of 3 years and 4 months.
Catchwords: CRIME – sentencing – accessory after the fact to murder – offender helped concealed getaway vehicle following public execution – moderate objective seriousness – no real subjective case
STATUTORY INTERPRETATION – Crimes (Sentencing Procedure) Act 1999 s 25D(4)(a) – facts and evidence of accessory after charge “substantially the same” as original murder charge
Legislation Cited: Crimes Act 1900 (NSW), ss 316(1), 349(1)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 25B, 25D
Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW)
Cases Cited: Doudar v Director of Public Prosecutions (NSW) (unrep, Supreme Court NSW, 17 April 2020)
Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280
R v Johnson [2014] NSWSC 1254
R v Lawrence [2019] NSWDC 666
R v McCloskey (No 5) [2020] NSWSC 1087
R v Stanford, Marcus [2016] NSWSC 1174
Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 11 October 2017
NSW Law Reform Commission, Encouraging Appropriate Early Guilty Pleas (Report No 141, December 2014)
Oxford English Dictionary
Category: Sentence Parties: Regina
Ahmad DoudarRepresentation: Counsel:
Solicitors:
Mr L Lungo (Crown)
Mr G Brady SC with Mr P Lange (Offender)
Solicitor for Public Prosecutions
One Group Legal
File Number(s): 2018/254011
Judgment
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HIS HONOUR: Mr Ahmad Doudar is to be sentenced in relation to the murder of Mahmoud Hawi at Rockdale on 15 February 2018. Mr Doudar has pleaded guilty to the offence of being an accessory after the fact to that murder. Such an offence is punishable by a maximum penalty of imprisonment for 25 years. [1]
1. Crimes Act 1900 (NSW), s 349(1)
Facts
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The following account of the offence is drawn from a Statement of Agreed Facts.
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Mahmoud (“Mick”) Hawi came out of the Fitness First gym in West Botany Street, Rockdale shortly after midday on 15 February 2018. He got into his Mercedes Benz AMG 4WD which was parked just outside the entrance. A man dressed in black and wearing a black balaclava approached the driver’s side window and shot Mr Hawi multiple times in the head and upper body with a pistol.
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A number of bullets hit the front glass windows and doors of the gym. There were patrons of the gym and members of the public in the immediate vicinity.
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First aid was provided by members of the public before police and ambulance officers arrived. Mr Hawi was taken to St George Hospital. Tragically, it was found that he had suffered a non-survivable penetrating brain injury and he died after life support was withdrawn.
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The person who shot Mr Hawi was Yusuf Nazlioglu, a close friend of Mr Doudar. Nazlioglu used to be friendly with Mr Hawi but…
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- AGLC
- R v Doudar [2020] NSWSC 1262
- Case
- [2020] NSWSC 1262
- Decision Date
CaseChat Overview and Summary
The court considered that the statutory interpretation applied to the respondent's situation. The court held that the statutory interpretation applied to the respondent's situation and that the objective seriousness of the offence was moderate. The court also found that there was no real subjective case against the respondent. The court held that the statutory interpretation of "facts and evidence of accessory after charge substantially the same" as the original murder charge was applicable in this instance. The court found that the statutory interpretation applied to the respondent's situation and that the objective seriousness of the offence was moderate. The court held that the statutory interpretation of "facts and evidence of accessory after charge substantially the same" as the original murder charge was applicable in this instance.
The court sentenced the respondent to a moderate custodial sentence. The court found that the statutory interpretation applied to the respondent's situation and that the objective seriousness of the offence was moderate. The court held that the statutory interpretation of "facts and evidence of accessory after charge substantially the same" as the original murder charge was applicable in this instance. The court found that the statutory interpretation applied to the respondent's situation and that the objective seriousness of the offence was moderate. The court held that the statutory interpretation of "facts and evidence of accessory after charge substantially the same" as the original murder charge was applicable in this instance. The court ordered that the respondent be sentenced to a moderate custodial sentence.
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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