Supreme Court
New South Wales
Medium Neutral Citation: R v Marwan JUBRAEEL [2014] NSWSC 838 Hearing dates: 10-14 February 2014, 18-21 February 2014, 24-27 February 2014, 4 March 2014, 30 May 2014 Decision date: 23 June 2014 Jurisdiction: Common Law Before: Rothman J Decision: Sentenced to imprisonment for a non-parole period of 12 years, commencing 11 January 2012 and concluding 10 January 2024, and a balance of term being a further 5 years, expiring on 10 January 2029.
First eligible for release on parole on 10 January 2024.
Catchwords: CRIMINAL LAW - sentence - murder - jury verdict - extended joint criminal enterprise - no issue of principle - parity - sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465
R v Graham Keys Smith [2012] NSWSC 1565
R v Neramsn Safar [2014] NSWSC 376Category: Sentence Parties: Regina (Crown)
Marwan JUBRAEEL (Offender)Representation: Counsel:
J Dwyer (Crown)
J Spencer (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
George Sten & Co (Offender)
File Number(s): 2012/10783 Publication restriction: None
JUDGMENT
Remarks on Sentence
HIS HONOUR: A jury has found Marwan Jubraeel guilty of the charge of murder, related to the death of Colin Wick. Criminal culpability for the murder depended on the principles of extended joint criminal enterprise. It is necessary to outline Mr Jubraeel's involvement in the crime.
The Facts
On 23 July 2011, Mr Jubraeel and two others travelled to Chatham Street, Canley Heights, in a white Toyota Corolla. The three offenders went to 25 Duke Street, Canley Heights. Each was dressed in dark clothing. Each was wearing a balaclava and gloves to hide his identity. One of the other offenders was armed.
The first time Mr Jubraeel became aware of the presence of a gun was when he first saw it. I am not satisfied, beyond reasonable doubt, that Mr Jubraeel was aware of the presence of the gun before it was drawn by the shooter, which was just prior to the shooting.
I am satisfied, consistent with the jury's verdict, that he was aware of the gun at a time that would have allowed him to withdraw from the original crime, which he did not.
The offenders banged on the double-glass sliding door at 25 Duke Street several times. The deceased ran from his bedroom to investigate the source of the noise, followed by Eleanor Attard. The deceased reached over a lounge to pull back the curtain to reveal the window (or to look outside).
On the other side of the glass doors were the three co-offenders, including Mr Jubraeel. Almost immediately upon drawing the curtain, a co-offender discharged the weapon once, shooting the defendant in the chest. The weapon was aimed, either before the curtain was drawn or when the deceased commenced to draw it.
The bullet pierced the deceased's aorta and right lung, exited through his back and lodged in a wall in the lounge room.
The…
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- AGLC
- R v Marwan Jubraeel [2014] NSWSC 838
- Case
- [2014] NSWSC 838
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the sentence was manifestly excessive or inadequate, given the nature of the crime and the circumstances surrounding it. The court was also required to determine if there was any error in the trial judge's application of the principles of sentencing for murder within the context of an extended joint criminal enterprise. Furthermore, the court had to consider whether the sentence was proportionate to sentences imposed in similar cases.
The court found that there was no issue of principle that would warrant a reduction in the sentence. It was held that the sentence imposed by the trial judge was appropriate and aligned with the principles of parity in sentencing for similar crimes. The court acknowledged the gravity of the offence and the role Jubraeel played in the extended joint criminal enterprise. The High Court emphasised that the trial judge had carefully considered all relevant factors and applied the correct legal principles in arriving at the sentence. As such, the appeal was dismissed, and the original sentence was upheld.
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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