R v Merza

[2020] NSWDC 189

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Merza [2020] NSWDC 189
Hearing dates:	3 April 2020
Decision date:	15 May 2020
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 12 years with a non parole period of 9 years.
Catchwords:	CRIME - SENTENCE - wound person with intent to cause grievous bodily harm - doing an act intending to cause a person to be called as a witness in a judicial proceeding to give false evidence.
Legislation Cited:	Crimes Act 1900 (NSW): s33(1)(a), 323(a)
Category:	Sentence
Parties:	Regina (Crown) Olever Merza (Offender)
Representation:	Mr Kotsis (Crown Prosecutor) Mr. T. Hughes (Counsel for the offender)
File Number(s):	2016/281692
Publication restriction:	Nil

Judgment

1. Olever Merza, on 23 September 2019, you were arraigned before a jury panel in waiting on an indictment which contained three Counts, the second being an alternative to the first. The three Counts were:

1. that on 7 August 2016, at Fairfield in the State of New South Wales, you did wound Ahmad with intent to murder the said Ahmad;

2. that on 7 August 2016, at Fairfield in the State of New South Wales, you did wound Ahmad with intent to cause grievous bodily harm to the said Ahmad; and

3. that between 28 September 2016 and 17 January 2017, at Silverwater in the State of New South Wales, you did an act intending to cause Ahmad, a person to be called as a witness in a judicial proceeding, to give false evidence.

2. Upon your arraignment you pleaded not guilty to each Count.

3. A jury was then empanelled and, at the conclusion of the trial which then followed, that jury found you not guilty of the first Count on the indictment but guilty of the second and third.

4. The jury returned its verdicts on 17 October 2019.

5. The sentence hearing date was initially fixed for 13 December 2019.

6. That hearing date could not proceed because of sanitary problems in the Court’s custody cells, giving rise to occupational health and safety issues.

7. A further sentence hearing date was then fixed for 3 April 2020.

8. That hearing did proceed and, at the conclusion of it, I reserved my decision to today.

9. Because the matter proceeded by way of trial, it is necessary for me to make findings of fact, beyond reasonable doubt, consistent with the verdicts of the jury. I am satisfied of the following facts to that standard.

10. As at August 2016 you were almost 26 years old.

11. Your family and that of Mr Martin Hana (he being almost 24 years old at that time) had known each other for a long time and Mr Hana was a very good friend of yours. Indeed, you were known to protect Mr Hana and to stand up for him.

12. At about 11:30pm on 5 August 2016, Ahmad, who was 14 years and 5 months old, and two of his friends, were involved in a physical fight with Mr Hana and an unknown man outside McDonalds…