R v FAZAH [2014] NSWSC 231

Supreme Court New South Wales

Medium Neutral Citation: R v FAZAH [2014] NSWSC 231 Hearing dates: 14 February 2014 Decision date: 13 March 2014 Jurisdiction: Common Law - Criminal Before: Hidden J Decision: For wound with intent to cause GBH, sentenced to imprisonment for 7 years, NPP 5 years, from 1.1.11. For murder, sentenced to imprisonment for 24 years, NPP 18 years, from 1.1.13. Aggregate sentence 26 years, NPP 20 years, from 1.1.11. Catchwords: CRIMINAL LAW - sentence - murder of offender's 2 year old daughter, wounding of his wife with intent to cause her grievous bodily harm - spontaneous attacks - background of exposure to war in Afghanistan, capture and torture by Taliban - PTSD and other psychological defects Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 54B Cases Cited: Muldrock v The Queen [2011] HCA 39, 244 CLR 120 Category: Sentence Parties: Regina (Crown) Farden Fazah (Offender) Representation: Counsel: Ms K Shead (Crown) Mr P Winch (Offender) Solicitors: S Kavanagh - Solicitor for the Director of Public Prosecutions (Crown) SE O'Connor - Legal Aid Commission (Offender) File Number(s): 2011/9681

SENTENCE 1The offender, Farden Fazah, has pleaded guilty to the murder of his child and the wounding of his wife with intent to cause her grievous bodily harm, the two offences having been committed in the course of an incident at their home unit in Canley Vale on 1 January 2011. His plea of guilty to the charge of wounding with intent in respect of his wife was accepted by the Crown in satisfaction of a count of wounding with intent to murder her. 2Murder carries a maximum sentence of imprisonment for life and a standard non-parole period in this case of 25 years, while wounding with intent to cause grievous bodily harm carries a maximum sentence of 25 years imprisonment with a standard non-parole period of 7 years.