Event and Time
Event Description
- On 5 December 2022, Pierre Assaad received a sentencing indication following his guilty plea for incitement to murder.
- Assaad met with an undercover police operative, known as "Zac," on two separate occasions in 2020, to arrange the murder of Silas Issa, the pastor who had provided counselling support to Assaad's wife during allegations of family violence.
- The execution of the incitement involved a proposed payment structure of $40,000, of which $5,000 was paid as a deposit.
- Assaad was arrested on 18 June 2020 after the second meeting with Zac.
Application and Claims
- Prosecution Claims:
- The prosecution presented a narrative of moral culpability connected to the serious nature of the incitement. - Emphasized the potential danger and threat posed to Issa. - Highlighted the need for specific deterrence and community protection.
- Defence Claims:
- Mitigating factors were presented, including Assaad's guilty plea, limited criminal history, rehabilitation efforts during custody, and difficult prison conditions during the pandemic. - Argued that the circumstances were not as severe as other cases of incitement to murder. - Suggested the undercover nature of the operation significantly influenced Assaad’s actions.
Judicial Decisions
- Assaad was sentenced to five years’ imprisonment with a non-parole period of two-and-a-half years based on the balancing of mitigating and aggravating factors, with clear references to the relevant case law and sentencing practices.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Argument:
- Incitement to murder is inherently serious, warranting a significant sentence. - The need for a strong deterrent message to prevent similar crimes.