R v Andrew Iskandar & R v Nita Iskandar (No. 4) [2012] NSWSC 149

Supreme Court New South Wales

Medium Neutral Citation: R v Andrew Iskandar & R v Nita Iskandar (No. 4) [2012] NSWSC 149 Hearing dates: 17-21 October 2011; 24 - 28 October 2011; 31 October 2011 - 4 November 2011; 7 November 2011 - 11 November 2011; 14 November 2011 - 18 November 2011; 21 November 2011 - 25 November 2011; 28 November 2011 - 29 November 2011; and 2 February 2012. Decision date: 16 March 2012 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. Andrew Iskandar for the murder of Mohd Shah Saemin I sentence you to a minimum term of 18 years imprisonment commencing 21 May 2010 and expiring 20 May 2028 with an additional term of 7 years expiring 20 May 2035. 2. Nita Iskandar for being an accessory after the fact to the murder of Mohd Shah Saemin I sentence you to imprisonment for 1 year 11 months and 15 days commencing 16 March 2012 and expiring 28 February 2014, such sentence to be wholly suspended. You are to enter into a bond to be of good behaviour for a period of 1 year 11 months and 15 days commencing 16 March 2012 and expiring 28 February 2013. The bond is to contain conditions: (a) that you will be of good behaviour during the term of the bond; (b) that you are to appear before the Court if called upon to do so at any time during the term of the bond; (c) that you are to accept the supervision of the Probation and Parole Service and to obey all reasonable directions for counselling and to report to the Burwood Probation office within 7 days. Catchwords: CRIMINAL LAW - sentence - murder - guilty verdict by jury - joint criminal enterprise with father to kill mother's lover - young adult - no remorse - whether under father's influence. CRIMINAL LAW - sentence - accessory after the fact to murder - guilty verdict by jury - assistance by mother to enable son to flee the jurisdiction - knowledge of son's involvement. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: KT v R [2008] NSWCCA 51 Muldrock v The Queen [2011] HCA 39 R v Bolt [2001] NSWCCA 487; (2001) 126 A Crim R 284 R v Cowen [2008] NSWSC 104 R v Dawes [2004] NSWCCA 363 R v Dileski [2002] NSWCCA 345 R v Hawken (1986) 27 A Crim R 42 R v JW [2010] NSWCCA 49 R v Koloamatangi [2011] NSWCCA 288 R v Mackett [2012] NSWSC 166 R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704 R v Ward [2004] NSWSC 420 Category: Principal judgment Parties: The Crown Andrew Iskandar (Accused) Nita Iskandar (Accused) Representation: Ms K Shead (Crown Prosecutor) Mr J O'Sullivan (Andrew Iskandar) Mr D G Price (Nita Iskandar)