70 It would appear that his immediate family have now all returned to the Lebanon to live, and he entertains concern for their welfare if they were to return, by reason of the risk of reprisals. Contact is now confined to phone and letter. He has other friends and some community ties. A favourable report from Mr Bader, the Youth Development Officer for the Lebanese Moslem Association, has been provided which depicts him as an essentially good person who had suffered and been significantly affected by his mother's loss.
71 This impression as to the reason for him going off track has some support from the reports of Dr Westmore and Mr Diment, who have carried out psychiatric and psychological assessments of him in recent times.
72 Dr Westmore found no evidence of any major depressive or psychotic illness, but drew attention to the fact that he appeared to have become quite an isolated individual by reason of the fact that he was being held on segregation, for reasons which were not readily apparent to him.
73 Mr Diment similarly noted that his history of drug abuse and lack of purpose in life had led him to an association with "DK's Boys" and to become involved in this group as a form of job. Clinical testing showed that he was somewhat above average on reliable measures of clinical anxiety and depression, probably related to worry over the current proceedings. He thought that there was evidence of him suffering a depressive illness at the time of his mother's illness and death. Otherwise there were no signs of any psychopathology. One test did however show that he was a person who could be influenced by others.
74 The Crown submitted that the level of culpability of Mawas in the present killing was so extreme that a life sentence should be imposed. I have given anxious consideration to that submission, but am not persuaded that Mawas' culpability is of that order.
75 A review of the cases where sentences for the term of the offenders natural life has been imposed, including for example, R v Glover NSWSC 29 November 1991; R v Garforth NSWCCA 23 May 1994, R v Cribb NSWCCA 4 November 1994; R v Baker NSWCCA 20 September 1995, R v Boyd (1995) 81 A Crim R 260, R v Milat NSWSC 27 July 1996, R v Street NSWCCA 17 December 1996, R v Heatley NSWSC 27 February 1998, R v Leonard NSWCCA 7 December 1998, R v Rose (1999) NSWCCA 327, R v Fernando (1999) NSWCCA 66, R v Suckling (1999) NSWCCA 36, R v Harris (2000) 50 NSWLR 409, R v Glasby (2000) 115 A Crim R 465 and R v Ngo [2001] NSWSC 1021, shows that they have generally involved killings which were sex or thrill related, multiple killings, killings involving torture or undue savagery, contract killings, political assassinations, cases involving a degree of psychopathology or other circumstances clearly demonstrating a long term ongoing danger to the community, or killings which are seriously antithetical to the fabric of society or to the justice system, into which category I would for example place the deliberate or pre-planned murder of Police in the execution of their duty, or of witnesses in pending trials.
76 In the present case Mawas does not have a record for prior violence, nor does he show any signs of psychopathology. The explanation for his participation in this killing lies substantially in the earlier fragmentation of his life, and his descent into the utterly surreal world which Rossini himself identified. As I have earlier observed, although I am satisfied that he was directly involved as a shooter, I am also satisfied that his participation occurred because he was a follower rather than an initiator of the killing.
77 To some extent I consider that his immaturity led him not to fully appreciate what he had let himself into, and that once caught up in Kanaan's planning it would not necessarily have been easy to walk away.
78 In all these circumstances I do not consider that the maximum sentence is called for, although the sentence to be imposed must be a significant one, because his level of culpability remains very high.
79 Rabeeh Mawas, for the murder of Danny Karam, I sentence you to imprisonment for 25 years to date from 17 September 1999, and to expire on 16 September 2024. I fix a non parole period of 19 years similarly to date from 17 September 1999 and to expire on 16 September 2018. The earliest date on which you will be eligible for release on parole will be 17 September 2018.
80 I do not find special circumstances to exist. In that regard the only matter possibly identified as such relates to the length of the sentence, and the need for extended supervision post release, in order to facilitate the prisoner's return to the community. The potential period of 6 years release on parole would be sufficient for that purpose.