R v Musa [2023] NSWSC 198

Supreme Court New South Wales

Medium Neutral Citation: R v Musa [2023] NSWSC 198 Hearing dates: 16 February 2023 Decision date: 10 March 2023 Jurisdiction: Common Law Before: Button J Decision: 1. Convicted of the offence of murder. 2. I sentence you to a non-parole period of 14 years, to commence on 27 June 2020 and conclude on 26 June 2034. 3. That will be followed by a parole period of six years, to conclude on 26 June 2040. 4. To express my sentence another way: I have imposed a head sentence of 20 years, with a non-parole period of 14 years, with a full backdate. 5. The first date upon which the offender will be eligible for possible release to parole is 26 June 2034. Catchwords: CRIMINAL LAW – sentence – verdict of guilty of murder after trial by jury – fatal violence by driving into person and crushing with car – discovery of former partner with another woman – spontaneous formation of intent to inflict really serious physical injury – traumatic upbringing – no criminal record – PTSD caused by experiences in war – no remorse or acceptance of responsibility – sentence imposed Category: Sentence Parties: Rex (Crown) Jackline Sabana Musa (Offender) Representation: Counsel: S Hughes (Crown) M Avenell SC with R Khalilizadeh (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2020/190754

JUDGMENT

Introduction 1. On 29 November 2022, Ms Jackline Sabana Musa ("the offender") was arraigned on an indictment before a jury panel and me. A single count was alleged: that on 27 June 2020 she had murdered Payman Thagipur ('the deceased"). A simple plea of not guilty of murder was entered. 2. The trial concluded on 12 December 2022, when the jury returned a verdict of guilty of murder. 3. Proceedings on sentence were conducted on 16 February 2023, and it now falls to me to sentence Ms Musa for the offence of murder. 4. That offence carries a maximum penalty of imprisonment for life, and, in these circumstances, a standard non-parole period of 20 years. The Crown has not submitted that this is a case that calls for the imposition of the maximum penalty, a proposition with which I agree. 5. The law is that aggravating features above and beyond the elements of the offence must be proven to my satisfaction beyond reasonable doubt. Mitigating features in favour of the offender need only be proven on the balance of probabilities. Some aspects, inevitably, will remain unclear to me.