R v Hossain [2023] NSWSC 1621

Supreme Court New South Wales

Medium Neutral Citation: R v Hossain [2023] NSWSC 1621 Hearing dates: 5 December 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) The offender Altaf Hossain is convicted of the murder of Syeda Nirupama. (2) For the murder of Syeda Nirupama I impose a sentence of imprisonment consisting of a non-parole period of 14 years 7 months commencing from 21 April 2019 and a head sentence of 19 years 6 months. The offender will become eligible to be released on parole on 20 November 2033. The overall sentence will expire on 20 October 2038. This term has been reduced by a discount of 25 per cent for the plea of guilty. (3) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) I advise you of the existence of that Act and the fact that it applies to you and to this offence. I direct your legal advisers to explain the significance of this fact to you. (4) Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) I direct that the offence be recorded on the offender's criminal record as a domestic violence offence. Catchwords: CRIME – sentence – murder – deceased was married to offender at time of offence – death caused by multiple stab wounds – deceased was murdered in her own home – where offender pleaded guilty at first opportunity – whether offender suffered mental health and cognitive impairment – whether mental condition contributed to offender's inability to control himself – sentence imposed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Ahmad v R [2021] NSWCCA 30 Apps v R [2006] NSWCCA 290 Cherry v R [2017] NSWCCA 150 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Elchiekh v R [2016] NSWCCA 225 FL v R [2020] NSWCCA 114 Flick v The King [2023] NSWCCA 197 Geraghty v The Queen [2023] NSWCCA 47 Hill v The Queen [2017] NSWCCA 136 Hordern v R [2019] NSWCCA 210 Howard v R [2019] NSWCCA 109 Jonson v R (2016) 263 A Crim R 268; [2016] NSWCCA 286 Khan v R [2022] NSWCCA 47 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Milat v R; Klein v R [2014] NSWCCA 29 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Munda v State of Western Australia (2013) 249 CLR 600; [2013] HCA 38 Quinn v R [2018] NSWCCA 297 R v Lewis [2001] NSWCCA 448 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Skura [2004] VSCA 53 R v Verdins [2007] VSCA 102; (2007) 16 VR 269 R v Wang [2020] NSWSC 1335 R v XX (2017) 266 A Crim R 132; [2017] NSWCCA 90 Scook v The Queen (2008) 185 A Crim R 164; [2008] WASCA Sheiles v The Queen [2018] NSWCCA 285 Toller v The Queen [2021] NSWCCA 204 Wass v The Queen [2022] NSWCCA 143 Williamson v R [2015] NSWCCA 250 Category: Principal judgment Parties: Rex (Crown) Altaf Hossain (offender) Representation: Counsel: P Hogan (Crown) P Boulten SC with C Parkin (offender)