R v Giri & Karki [1999] NSWSC 1269

Reported Decision : 109 A Crim R 499

New South Wales Supreme Court CITATION : R v Giri & Karki [1999] NSWSC 1269 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : 70061/98, 70214/98 HEARING DATE(S) : 1-15 September, 16 December 1999 JUDGMENT DATE : 21 December 1999

PARTIES : Regina v Nitin GIRI Regina v Ivesh KARKI JUDGMENT OF : Studdert J

Crown: P. Barrett COUNSEL : Giri: D. Watson (trial), G. Walsh (sentence) Karki: G. Cusack QC Crown: Office of the Director of Public Prosecutions SOLICITORS : Giri: Greg Walsh & Co Karki: Glenn Walsh CATCHWORDS : Sentencing; relevance of exceptional hardship of sentence being served in foreign country; irrelevance of liability to deportation. ACTS CITED : Sentencing Act R v Ferrer-Esis (1991) 55 A Crim R 231 R v Jelks (unreported, NSWCCA, 1 December 1995) R v Kogelbauer (1993) 65 A Crim R 357 CASES CITED : R v Brown (unreported, NSWCCA, 13 July 1993) R v Shrestha (1990-91) 173 CLR 48 R v Liang (unreported, NSWCCA, 2 June 1995) R v Jap (unreported, NSWCCA, 20 July 1998) DECISION : See para 45

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

STUDDERT J

Tuesday 21 December 1999 070061/98 REGINA v NITIN GIRI 979214/98 REGINA v IVESH KARKI SENTENCE

1 HIS HONOUR: Each of the prisoners Nitin Giri and Ivesh Karki stood trial charged with the murder of Sajedul Haque at Kings Cross on 22 June 1996. The jury found each prisoner guilty and each was convicted accordingly. Following conviction on 5 September 1999 the prisoners were remanded in custody for evidence and submissions on sentence. The further hearing took place on 16 December 1999. 2 The deceased, Sajedul Haque, was subjected to a violent assault after he left a nightclub in Darlinghurst Road, Kings Cross early on the morning of 22 June 1996. He was knocked to the ground and thereafter he was kicked. According to one witness he was also stomped upon. 3 The deceased sustained severe head injuries and was admitted to St Vincent's Hospital where he was found to be deeply unconscious, a condition from which he never recovered. 4 Dr Cala conducted the post mortem examination upon the deceased and found the cause of death to be complications of the injuries the deceased had sustained to the head and face. Dr Cala identified those injuries as including: