Citation: Regina v Darwiche & Ors [2006] NSWSC 1167
Court: Supreme Court of New South Wales
Date: 10 November 2006
Judge(s): Bell J
Background
This matter concerned the sentencing of four offenders convicted of serious violent offences arising from a prolonged and deadly dispute between criminal associates in Sydney's south-west. The primary offender, Adnan Darwiche, was convicted following trial of four offences: discharging a loaded firearm with intent to cause grievous bodily harm, attempted murder, and two counts of murder. Three co-offenders, Naseam El-Zeyat, Ramzi Aouad, and Abass Osman, were convicted of multiple murders arising from the same conflict.
The hostility traced back to a competition between Darwiche and associates of the Razzak family in the cannabis supply trade in South Western Sydney from around 2000 and 2001. A series of retaliatory incidents escalated over several years, culminating in a shooting at Greenacre on 14 October 2003 in which Ziad Razzak and Mervat (Melissa) Nemra were killed. El-Zeyat and Aouad had separately been convicted at an earlier trial of the murder of Ahmed Fahda, with their sentencing stood over until the conclusion of the second trial.
The sentencing hearing spanned numerous days across April through October 2006, involving detailed submissions on the objective seriousness of each offence, the offenders' personal circumstances, and the appropriate structure of sentences, including whether life imprisonment was warranted.
Legal Issues
- Whether life sentences were appropriate for any of the offenders, having regard to the gravity of the murders and the prospects of rehabilitation
- How to assess the objective seriousness of each offence and its position relative to the standard non-parole period of 20 years for murder
- How sentences for multiple offences should be structured and, where relevant, accumulated or made concurrent
- Whether particular custodial classification conditions (such as extreme high-risk prisoner status) justified any reduction in sentence
- Whether special circumstances under the sentencing legislation justified departing from the standard statutory proportion between non-parole period and balance of term
Decision
Bell J sentenced Adnan Darwiche to life imprisonment for each of the two murders. For the attempted murder of Farouk Razzak, his Honour imposed a non-parole period of 14 years with a balance of term of four years, commencing 28 November 2005. For the firearms offence involving Bilal Razzak, a fixed term of eight years was imposed from 28 November 2003, with no non-parole period set. The firearms offence was characterised as an intentional kneecapping rather than an attempt to kill, consistent with the jury's acquittal on the more serious charge.
El-Zeyat and Aouad each received life imprisonment for all three murders of which they were convicted, including the murder of Ahmed Fahda from the earlier trial. Bell J's reasons reflect a conclusion that the nature and circumstances of those murders placed them at a level warranting the maximum penalty.
Osman was treated differently from his co-offenders. His Honour found that the murders he committed fell above the mid-range of objective seriousness but did not warrant life imprisonment. Osman received non-parole periods of 22 years for each murder, with sentences partially accumulated. His classification as an extreme high-risk prisoner was noted but was not treated as a basis for any reduction in sentence.
Bell J declined to find special circumstances justifying an extension of the balance of term beyond the statutory proportion for Osman, taking the view that the balance of term was already of sufficient length to ensure adequate supervision upon his eventual release into the community.
Orders Made
- Adnan Darwiche: fixed term of eight years for the firearm offence (from 28 November 2003, expiring 27 November 2011); non-parole period of 14 years and balance of term of four years for attempted murder (from 28 November 2005, non-parole expiring 27 November 2019, balance expiring 27 November 2023); life imprisonment for the murder of Ziad Razzak (from 10 November 2006); life imprisonment for the murder of Melissa Nemra (from 10 November 2006)
- Naseam El-Zeyat: life imprisonment for the murders of Ziad Razzak, Melissa Nemra, and Ahmed Fahda (each from 26 May 2004)
- Ramzi Aouad: life imprisonment for the murders of Ziad Razzak, Melissa Nemra, and Ahmed Fahda (each from 26 May 2004)
- Abass Osman: non-parole period of 22 years for the murder of Ziad Razzak (from 11 October 2006, expiring 10 October 2028) with balance of term of five years (expiring 10 October 2033); non-parole period of 22 years for the murder of Melissa Nemra (from 11 October 2009, expiring 10 October 2031) with balance of term of five years (expiring 10 October 2036)
Key Takeaways
- Life sentences were imposed on three of the four offenders, reflecting the court's assessment that the murders, arising from a calculated and sustained campaign of gun violence, warranted the maximum penalty
- Where a co-offender's role and culpability, while serious and above the mid-range, was assessed as distinguishable from that of the principal offenders, lengthy determinate sentences with extended non-parole periods were imposed rather than life imprisonment
- Custodial classification as an extreme high-risk prisoner, even where it affects day-to-day conditions of custody, does not necessarily justify a reduction in an otherwise appropriate sentence
- The standard non-parole period of 20 years for murder operated as a reference point; Bell J found that the relevant offences exceeded the mid-range of objective seriousness, supporting sentences above that benchmark
- Partial accumulation of sentences for multiple murders committed as part of the same incident was accepted in structuring Osman's sentences, reflecting the principle that the full criminality of each offence must be reflected while avoiding a crushing total
Legislation and Cases Referenced
Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), including s 44(1) (statutory proportion between non-parole period and balance of term)
Cases:
- R v Harris [2000] NSWCCA 469
- R v Kanaan [2005] NSWCCA 385
- R v Previtera (1997) 94 A Crim R 76
- R v Rose [1999] NSWCCA 327