| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2019 0212
| THE QUEEN |
| v |
| NORDEN WILIO |
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JUDGE: | TINNEY J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 4, 14 & 17 February 2022 |
DATE OF SENTENCE: | 24 February 2022 |
CASE MAY BE CITED AS: | R v Wilio |
MEDIUM NEUTRAL CITATION: | [2022] VSC 86 |
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CRIMINAL LAW – Sentence – Two charges of murder and one charge of attempted armed robbery – Planned drug rip-off involving loaded sawn-off shotgun – Co-offender Ali Ali (Ali) accidentally shot during course of armed robbery – Intended victim Deniz Hasan (Hasan) then deliberately shot in head by accused – Jury found accused guilty of attempted armed robbery, s 3A murder of Ali and common law murder of Hasan – Intellectual disability of accused relied on in support of limbs 1, 3 and 5 of R v Verdins & Ors (2007) 16 VR 269 (‘Verdins’) – Psychological material concerning diagnosis of mild intellectual disability not satisfactory – No reduction in moral culpability – No reason why general and specific deterrence should assume less than usual importance – No material which would enliven fifth limb either – Serious offending with high degree of moral culpability – Total effective sentence of 35 years’ imprisonment – Non-parole period of 26 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Gibson QC with Mr G Hayward | Ms A Hogan, Solicitor for Public Prosecutions |
| For the Accused | Mr P Chadwick QC | Portfolio Law |
HIS HONOUR:
Introduction
Norden Wilio, you have been found guilty of two charges of murder and one charge of attempted armed robbery, and have admitted prior convictions. The killing of your two victims occurred in the course of an armed robbery planned by you and Ali Ali (‘Ali’) upon Deniz Hasan, (‘Hasan’) your victim in charge 4. Ali himself was the unintended victim in charge 3, a charge of statutory murder pursuant to s 3A of the Crimes Act 1958.
Any charge of murder is serious, but your murder of Hasan was particularly so. In the course of an armed drug rip-off of Hasan, and having already accidentally shot your friend Ali with the sawn-off shotgun with which you were armed, you deliberately fired at Hasan from a matter of a few metres away, shooting him in the head, and causing catastrophic injuries which quickly led to his death. On the concession of your counsel, Mr Chadwick QC, your shooting of Hasan can be viewed as being entirely gratuitous. On any view, this was an exceedingly serious instance of murder.
The facts
On the afternoon of 4 March 2019, Ali and an associate, Ibrhim El Ali (‘Ibrhim’) made a decision to purchase some cannabis and engaged Ibrhim’s brother, Ali El Ali (‘AEA’), to liaise with Hasan, who was a cannabis dealer. AEA, via a series of messages back and forth on an encrypted application, arranged to meet Hasan in Huntly Court, Meadow Heights.
Hasan drove to the pre-arranged location with his…
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- AGLC
- R v Wilio [2022] VSC 86
- Case
- [2022] VSC 86
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the intellectual disability of the accused warranted a reduction in moral culpability, and if so, under which limbs of the Verdins principles. The court needed to evaluate the psychological evidence and determine if it was sufficient to support a claim under limbs 1, 3, or 5 of Verdins. Additionally, the court had to weigh the importance of general and specific deterrence in the context of the accused's serious offending and high degree of moral culpability.
The court found that the psychological material concerning the accused's mild intellectual disability was not satisfactory to support a reduction in moral culpability under any of the Verdins limbs. The court held that the intellectual disability did not justify a reduction in the moral culpability of the accused. It also noted that there was no reason why general and specific deterrence should assume less than usual importance in this case. The court concluded that the fifth limb of Verdins was not enlivened either, given the nature and seriousness of the offences. Consequently, the court imposed a total effective sentence of 35 years' imprisonment, with a non-parole period of 26 years.
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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