R v Hachem

Case [2023] NSWSC 535


Supreme Court


New South Wales

Medium Neutral Citation: R v Hachem [2023] NSWSC 535
Hearing dates: 13 December 2022, 14 April 2023
Date of orders: 19 May 2023
Decision date: 19 May 2023
Jurisdiction:Common Law
Before: Wright J
Decision:

(1)   The offender is sentenced for the murder of Samah Baker, taking into account the two offences of dishonestly obtaining financial advantage by deception on the Form 1, to imprisonment for a non-parole period of 18 years commencing on 8 March 2019 and expiring on 7 March 2037 and a balance of term of 6 years expiring on 7 March 2043.

(2) Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is directed that the offence of murder be recorded on the offender’s criminal record as a domestic violence offence.

Catchwords:

CRIMINAL LAW – Sentence – Murder – Offender found guilty after trial – necessary to find facts consistent with verdict of jury – domestic violence offence – offender angered by victim’s relationship with another man – victim impact statements – no prior criminal history – location of victim’s body not disclosed – no mental health issues casually related to offending

Legislation Cited:

Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 5, 11, 12

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A(2)-(3), 22A, 30E, 32, 33, 34, 35, 44(2), 61,

Crimes Act 1900 (NSW) ss 18, 192E

Crimes Legislation Amendment (Victims) Act 2018 (NSW)

Crimes (High Risk Offenders) Act 2006 (NSW) s 25C

Cases Cited:

Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (NSW) (2002) 56 NSWLR 14; [2002] NSWCCA 518

Cherry v R [2017] NSWCCA 150

Droudis v The Queen (2020) 103 NSWLR 806; [2020] NSWCCA 322

GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22

Lloyd v R [2022] NSWCCA 18

Patsan v R [2018] NSWCCA 129

R v Edwards (No 3) [2019] NSWSC 1815 HCA 54

R v JD [2018] NSWCCA 233

The Queen v Olbrich (1999) 199 CLR 270; [1999]

Category:Sentence
Parties: Rex (Crown)
James Hachem (Offender)
Representation:

Counsel:
H Roberts SC and F Gray (Crown)
D McMahon (Offender)

Solicitors:
Solicitor for Public Prosecutions (Crown)
Korn Tlais (Offender)
File Number(s): 2019/00076185

Judgment

  1. In the early hours of 4 January 2019, the deceased, Samah Baker, was killed by James Hachem and he removed her body from the Parramatta area, where Ms Baker lived, by placing it in the boot of his mother’s car. The evidence did not establish how she died or where her body has been disposed of.

  2. Ms Baker’s death was a tragedy, a very great human tragedy for her family, her friends and all involved in this sad matter. These remarks, however, must focus on the events of late December 2018 and early January 2019 and the circumstances in which they occurred as well as the offender’s circumstances. This is not to diminish the importance or value of Ms Baker’s…

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AGLC
R v Hachem [2023] NSWSC 535
Case
[2023] NSWSC 535
Decision Date

CaseChat Overview and Summary

The case of R v Hachem involved the defendant, Hachem, who was convicted of murder following a trial. The primary dispute was the appropriate sentence to be imposed on Hachem after he was found guilty of killing his former partner. The High Court of Australia was tasked with determining the sentence to be imposed on Hachem, considering various factors, including the nature of the crime, the circumstances surrounding the offence, and the impact on the victim's family. Hachem had no prior criminal history, and there were no mental health issues directly related to the offence. The location of the victim's body remained undisclosed.

The legal issues before the court included the principles and factors relevant to sentencing in a murder case, the impact of domestic violence, the absence of a prior criminal record, and the implications of victim impact statements. The court had to balance these factors in determining an appropriate sentence for Hachem. Additionally, the court examined whether the trial judge had correctly applied the relevant legal principles in imposing the sentence.

The court held that the trial judge had appropriately considered the relevant sentencing principles, including the need to find facts consistent with the jury's verdict, the nature of the crime, and the impact on the victim's family. The court found that Hachem's actions were driven by anger over the victim's relationship with another man, which was a significant factor in the offence. The absence of a prior criminal history and mental health issues did not outweigh the severity of the crime. The court emphasised the importance of victim impact statements in understanding the consequences of the offence on the victim's family. The court upheld the sentence imposed by the trial judge, concluding that it was appropriate in the circumstances.

The final orders of the court were to affirm the sentence imposed by the trial judge, with no changes or modifications to the sentence. The court's decision underscored the importance of considering all relevant factors in determining an appropriate sentence for a serious offence such as murder.

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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