Regina v Kanaan, Mawas, El Assaad

The case involved three defendants, Kanaan, Mawas, and El Assaad, who were charged with the murder of a drug dealer. The defendants pleaded not guilty, but a jury found them guilty of the crime. The case was heard in a higher court, which was tasked with determining the appropriate sentence for the defendants, all of whom were members of a criminal gang involved in drug dealing.

The legal issues before the court included the appropriate sentencing principles to apply, given the defendants' roles in the gang and their involvement in drug dealing. The court had to consider whether the defendants' participation in gang activities and drug dealing warranted an enhanced sentence, and if so, to what extent. The court also had to consider the principles of proportionality and individual culpability in determining the appropriate sentence.

The court found that the defendants' involvement in gang activities and drug dealing did warrant an enhanced sentence. The court noted that the defendants had played significant roles in the criminal enterprise and had shown a disregard for human life. However, the court also emphasised the need to consider the individual culpability of each defendant. Ultimately, the court imposed sentences that reflected the gravity of the crime and the defendants' individual roles in it, while also taking into account the principles of proportionality and individual culpability.

The court ordered that Kanaan be sentenced to life imprisonment with a non-parole period of 25 years, Mawas to life imprisonment with a non-parole period of 23 years, and El Assaad to life imprisonment with a non-parole period of 21 years. The court's decision reflects the serious nature of the crime and the defendants' significant roles in it, while also taking into account the principles of sentencing and individual culpability.