| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2016 0127
S CR 2016 0124
S CR 2016 0125
| THE QUEEN |
| v |
| ALEXANDER JOHN SEMAAN |
| HANNA SEMAAN |
| MEGAN BELJULJI |
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JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 18, 20-22, 25-29 July, 1-5, 10-12, 15-19, 22-25, 29, 31 August, 1, 2, 5-6 September, 24 and 28 October 2016 |
DATE OF SENTENCE: | 4 November 2016 |
CASE MAY BE CITED AS: | R v Semaan & Ors |
MEDIUM NEUTRAL CITATION: | [2016] VSC 667 |
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CRIMINAL LAW – SENTENCE – Murder – Offender (D1) shot and killed a family friend, in backyard of offender’s family home – D1 on parole at time – Summary offence of breach of parole – Impact of offending on victims –D1 affected by ‘ice’ at the time of offending – Evidence insufficient for a finding that D1 was psychotic at time of offence- Use of ice neither mitigating or aggravating –- Mid-range example of the offence of murder – History of mental health problems in context of drug abuse – Significant prior convictions – Poor prospects of rehabilitation – Need for just punishment, denunciation and specific and general deterrence – s 78A Corrections Act 1986 - s 242 Criminal Procedure Act2009 – Iddon & Crocker (1987) 32 A Crim R 315 – Redenbach (1991) 52 A Crim R 95 – Sebalj [2006] VSCA 106 – Pyke [2006] VSCA 265.
CRIMINAL LAW – SENTENCE – Attempt to pervert the course of justice – Offender (D2) pressured eyewitness to the murder by D1 to change his police statement – Mid-range example of offence –Imprisonment harder for offender because of separation from disabled daughter – Prior convictions for deception offences – Reasonable prospects of rehabilitation – Importance of general deterrence.
CRIMINAL LAW – SENTENCE – Attempt to pervert the course of justice – Two counts - Offender (D3) was a party to pressuring eyewitness to the murder by D1 to change his police statement – Mid-range example of offence – D3 also a party to putting police onto a false trail of evidence – Low-range example of offence – No prior convictions – History of drug use – Family support – Good prospects of rehabilitation – Importance of general deterrence.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms Michelle Williams QC Mr Neil Hutton | Office of Public Prosecutions |
| For the Accused Alexander John Semaan | Mr Michael Sharpley | Valos Black & Associates |
| For the Accused Hanna Semaan | Mr John Kelly | Matthew White & Associates |
| For the Accused Megan Beljulji | Mr David Cronin | Emma Turnbull Lawyers |
HIS HONOUR:
ALEX SEMAAN
Introduction
Alex Semaan, a jury found you guilty of murder. The maximum penalty for murder is life imprisonment.
You were on parole at the time of the murder. You were charged with breaching your parole by reason of the murder. After a summary trial,[1] I found you guilty of that offence. The maximum sentence for breaching parole is 3 months imprisonment.[2]
[1] Pursuant to s 242…
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- AGLC
- R v Semaan [2016] VSC 667
- Case
- [2016] VSC 667
- Decision Date
CaseChat Overview and Summary
The court considered a range of factors in determining the appropriate sentences, including the gravity of the offences, the impact on the victims, and the individual circumstances of each offender. For the first defendant, the court found that while the use of "ice" at the time of the offence was a relevant factor, it did not mitigate or aggravate the offending. The court found that the murder was a mid-range example of the offence and that the offender had a history of mental health problems and drug abuse, as well as significant prior convictions. The court also noted the need for just punishment, denunciation, and specific and general deterrence. For the second and third defendants, the court found that their offending was also a mid-range example of the offence and that the second defendant faced additional hardship due to separation from his disabled daughter. The court found that the second defendant had reasonable prospects of rehabilitation, while the third defendant had good prospects of rehabilitation due to family support and a history of drug use.
The court ultimately sentenced the first defendant to a term of imprisonment with a non-parole period of 23 years, the second defendant to a term of imprisonment with a non-parole period of 6 years, and the third defendant to a term of imprisonment with a non-parole period of 4 years. The court emphasised the importance of general deterrence in its sentencing of the second and third defendants. The court also noted the significance of the offending on the victims and the need for specific deterrence in its sentencing of the first defendant.
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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