Regina v Kanaan - [2001] NSWSC 959

CITATION: REGINA v. KANAAN [2001] NSWSC 959

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): SC No. 70040/00

HEARING DATE(S): 23/7/01 - 26/7/01; 30/7/01 - 2/8/01; 6/8/01 - 8/8/01; 31/8/01; 20/9/01

JUDGMENT DATE:
31 October 2001

PARTIES :

REGINA v.
KANAAN, Michael

JUDGMENT OF: Greg James J at 1

COUNSEL : Crown: T. Thorpe
Offender: W. Terracini, SC./G. Newton

SOLICITORS: Crown: S.E. O'Connor
Offender: W.H. Parsons & Associates

CATCHWORDS: Criminal law - sentencing - multiple murders - "worst class of case" - sentences of life imprisonment - when applicable - relevance of youth - subjective circumstances - prospects of recidivism or rehabilitation.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: Garforth (CCA, unreported 23 May 1994)
Petroff (Hunt, CJ. at CL. 12 November 1991)
Baker (CCA, unreported 20 September 1995)
Rose [1999] NSWCCA 327
Harris [2000] NSWCCA 469
Previtera (1997) 94 A. Crim. R. 76
Veen (No. 2) (1987-88) 164 CLR 465
Qutami [2000] NSWCCA 353
Barac [1999] NSWSC 61
Twala (CCA, unreported 4 November 1994)
Petrinovic [1999] NSWSC 1131

DECISION: For each of the crimes of murder, the offender is sentenced to life imprisonment. For the offence of malicious wounding with intent to cause grievous bodily harm, the offender is sentenced to 25 years imprisonment. I decline to set a non-parole period.

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

No. 70040 of 2000

GREG JAMES, J.

WEDNESDAY 31 OCTOBER 2001

REGINA v. MICHAEL KANAAN

SENTENCE

: On 8 August 2001, verdicts of guilty were returned against the offender by a jury following a lengthy trial.

2 By those verdicts he was found guilty of having murdered Adam Wright and Michael Hurle and of having maliciously wounded Ronald Singleton with intent to do grievous bodily harm to him. These offences occurred at Five Dock on 17 July 1998.

3 Both of the deceased expired on 18 July 1998, despite medical attempts to save their lives.

4 The offender stands convicted of those three offences. He was born on 23 May 1975 and is now 26 years of age.

5 The maximum sentence for each of the crimes of murder is, in the circumstances to which I will shortly refer, a sentence of life imprisonment which, if passed, must be served by the offender in custody for the whole of his life. The maximum sentence for the crime of malicious wounding with intent to cause grievous bodily harm is 25 years.

6 Following the verdicts, the proceedings on sentence were adjourned on the application of both the Crown Prosecutor and defence counsel, to obtain evidence and to prepare written submissions. I have received extensive written submissions from the Crown and Victims' Impact Statements. Oral submissions and evidence of the offender's background have been provided on his behalf. I have taken time to consider the matter closely, since the Crown has submitted that for each of the murder offences the offender should be sentenced to that life sentence to which I have already referred. That sentence has terrible significance: see Regina…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v Kanaan

Details

AGLC: Regina v Kanaan [2001] NSWSC 959
Case: [2001] NSWSC 959
Decision Date: 31 October 2001

CaseChat Overview and Summary

The Regina v Kanaan case involved the sentencing of an offender, Kanaan, who had been convicted of multiple murders. The Supreme Court of Victoria was tasked with determining the appropriate sentences for the crimes committed. The central legal issue revolved around the sentencing principles applicable to cases of extreme violence and the consideration of the offender's age and potential for rehabilitation. The court needed to balance the severity of the crimes, which were deemed to be in the worst class of case, with the possibility of the offender's reform and reintegration into society.

In addressing the legal issues, the court considered various factors, including the heinous nature of the crimes, the offender's youth at the time of the offences, and the subjective circumstances that may have contributed to the commission of the crimes. The court also assessed the prospects of recidivism and the potential for rehabilitation, weighing these against the need for public protection and retribution. The court determined that, despite the offender's youth, the severity of the crimes warranted sentences of life imprisonment. The court found that the offender's potential for rehabilitation and prospects of recidivism were insufficient to warrant a lesser sentence.

The court concluded that the appropriate sentences for the multiple murders were life imprisonment terms, recognising the gravity of the crimes and the need for public protection. The court emphasised the importance of considering both the severity of the offences and the offender's individual circumstances, including age and potential for rehabilitation, in determining the appropriate sentence. The final orders of the court were that the offender, Kanaan, be sentenced to life imprisonment for each of the multiple murders, with the terms to be served concurrently.

Orders