Andrew Iskandar v R [2013] NSWCCA 235

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Andrew Iskandar v R [2013] NSWCCA 235 Hearing dates: 1 October 2013 Decision date: 21 October 2013 Before: Beazley P RA Hulme J Bellew J Decision: The orders of the court are as follows: (i) leave to appeal against sentence granted; (ii) appeal allowed; (iii) in lieu of the sentence imposed on 16 March 2012, the applicant is sentenced to a minimum term of 18 years imprisonment commencing on 24 February 2010 and expiring on 23 February 2028 with an additional term of 7 years expiring on 23 February 2035. Catchwords: CRIMINAL LAW - appeal - where medical evidence on sentence did not establish causal link between applicant's mental state and offending - where submission made to sentencing judge as to the applicant's mental state was confined to its effect upon general deterrence - where it was sought to be argued on appeal that applicant's mental state was relevant to an assessment of moral culpability - whether judge erred in failing to take into account the applicant's mental state

CRIMINAL LAW - sentence - parity - where applicant committed offence in the course of joint criminal enterprise with his father - where term of imprisonment imposed upon the applicant was more than that imposed on his father - whether applicant had a justifiable sense of grievance

CRIMINAL LAW - sentence - applicant sentenced to a minimum term of 18 years imprisonment with an additional term of 7 years imprisonment - where no challenge to findings of the sentencing judge that the murder was pre-meditated, involved the use of weapons and was carried out with an intention to kill - whether sentence manifestly excessive