R v Edwin Jitesh Chandra [2015] NSWDC 234

District Court New South Wales

Medium Neutral Citation: R v Edwin Jitesh Chandra [2015] NSWDC 234 Hearing dates: 25 May to 5 June 2015 Decision date: 11 September 2015 Jurisdiction: Criminal Before: Knox SC DCJ Decision: Sentenced to 16 years imprisonment Non-parole period of 11 years and 3 months Catchwords: CRIMINAL LAW – sentence – grievous bodily harm by the use of corrosive fluid – intention to pour petrol on victim and ignite it – burning of victim – extent of injuries by burning – public safety – danger to others – high range objective criminality – invitation to offender to come inside victim's home – flight and extradition – absence of mitigating factors including remorse – planning and premeditation by thoughtful offender – assessment to criminality near to worst case Legislation Cited: Section 27 of the Crimes Act (NSW) 1900 Cases Cited: Alseedi v R [2009] NSWCCA 185 , Park v R [2010] NSWCCA 151; R v VAA [2006] NSWCCA 44; Arun v R [2010] NSWCCA 214, R v Heron [2006] NSWCCA 215, Cassidy v R [2012] NSWCCA 68, Josefski v R [2010] NSWCCA 41, R v Chisari [2006] NSWCCA 19, Ingham v R [2011] NSWCCA 88 at 111 – 112 , Aktar v R [2015] NSWCCA 123, Kendall v R [2015] NSWCCA 13; R v Twala (NSWCCA, unreported, 4 November 1994), Mulato v R [2006] NSWCCA 282, Little v R [2010] NSWCCA 210 Category: Sentence Parties: Regina (Crown) Edwin Jitesh Chandra (Accused) Representation: Crown Advocate: Ms Morkaya

Accused: Mr Steel File Number(s): 2011/35159

Judgment

Charges 1. On 5 June 2015, Edwin Jitesh Chandra ("the offender") was found guilty by a jury on a charge brought pursuant to section 46 of the Crimes Act (NSW) 1900 ("Crimes Act") that: "On 24 December 2010, he intentionally used a substance, namely petrol, upon Mr Gurmail Saini ("Mr Saini"), and ignited it, causing grievous bodily harm to Mr Saini." 2. The charge carries a maximum penalty of 25 years imprisonment. There is no standard non-parole period for the offence. 3. The offender was acquitted on a more serious charge brought under section 27 of the Crimes Act of causing grievous bodily harm to Mr Saini with intent to murder him. That charge also carries a maximum penalty of 25 years imprisonment, with a standard non-parole period of 10 years. 4. A distinction needs to be drawn between this offence and an offence under s 33, which has the same maximum penalty and a standard non-parole period of 7 years.