Event and Time
Event Description
- Date: April 17, 2018
- Incident involved: The unlawful killing of Andrew Toumayan, aged 28, during a confrontation at a cannabis crop house in Ringwood.
- Context: Biba was alerted to the burglary at the crop house and responded armed, leading to the fatal shooting of Toumayan.
Application and Claims
- Charges: Originally charged with murder and cultivating a commercial quantity of cannabis.
- Outcome: Pleaded guilty to manslaughter; murder charge withdrawn.
- Maximum penalty for manslaughter: 20 years’ imprisonment.
Judicial Decisions
- The court acknowledged the high moral culpability and serious nature of the offense, considering the deliberate use of a firearm in a dangerous situation.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Claims:
- Argues Biba’s actions were driven by greed. - Presented victim impact statements emphasizing the emotional trauma inflicted on the victim's family. - Contended that Biba should receive a serious penalty reflecting the high moral culpability associated with his actions.
- Defense Arguments:
- Senior counsel contended that Biba did not intend to kill but fired a warning shot, raising doubt about intent to shoot Toumayan. - Submitted that his actions reflected a state of panic upon encountering someone at the crop house. - Emphasized Biba’s lack of prior criminal history and potential for rehabilitation.
- Evidence Presented:
- CCTV footage showed Biba arrived and shot Toumayan during an altercation. - Biba's background included tertiary education and positive character references; however, the defense was weakened by a lack of evidence proving his remorse.