Event and Time
Event Description
On August 9, 2017, Maytham Hamad participated in a coordinated assault on Anwar Teriaki outside Teriaki’s home in Roxburgh Park. The attack involved Hamad and one co-offender, Al Hamza, using baseball bats against an unarmed Teriaki. During the altercation, Teriaki managed to escape but was subsequently shot and killed by Al Hamza. Hamad was charged with intentionally causing injury (ICI) and, after a period in custody and negotiations with the Crown, pleaded guilty to the charge.
Application and Claims
- Defendant's Claims:
- Hamad contested certain details regarding the identity of his co-offenders and the responsibility for the shooting. - He acknowledged knowledge of an intended assault but did not actively strike Teriaki.
- Prosecution's Claims:
- Asserted that Odom drove Hamad and Al Hamza to the scene and was a key participant. - Argued that Hamad was involved in planning and executing the assault and should be held accountable.
Judicial Decisions
The judge determined to accept the prosecution's details surrounding the event, leaning on the sworn evidence provided by Odom. The focus was on Hamad’s role and the premeditated nature of the attack, with an acknowledgment of his guilty plea being early and that it reflected some level of acceptance of wrongdoing.
Dispute Points and Legal Basis
Dispute Points
- Identity of Co-offenders:
- Hamad claimed Odom, rather than Al Hamza, was the shooter and vital in the assault.
- Planning and Intent:
- The prosecution maintained that Hamad had actively engaged in planning the attack and thus held significant responsibility despite not directly inflicting serious injury.