R v Hosseiniamraei [2016] NSWSC 1181

Supreme Court New South Wales

Medium Neutral Citation: R v Hosseiniamraei [2016] NSWSC 1181 Hearing dates: 17 August 2016 Decision date: 25 August 2016 Before: R A Hulme J Decision: Imprisonment for 21 years with a non-parole period of 15 years 9 months Catchwords: CRIMINAL LAW – sentence – murder – victim estranged wife of offender – history of physical violence and threats to kill – offender repeatedly stabbed victim with intention to kill because she violated the "rule of marriage" – above mid-range objective seriousness but not in the worst case category – non-psychotic motivations of revenge and feelings of being dishonoured more causative than psychiatric conditions – no genuine remorse – significant drug problem – prior good character and reasonable prospects of rehabilitation – general deterrence and denunciation of particular importance Category: Sentence Parties: Regina Mokhtar Hosseiniamraei Representation: Counsel: Mr C Everson (Crown) Mr C Smith SC (Offender)

Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2015/16137

Judgment 1. HIS HONOUR: Leila Alavi was a 26 year old woman who was born in Iran. She and her sister Mitra left Iran seeking a better way of life, away from violence. She lived in Turkey for a few years where she met and married Mokhtar Hosseiniamraei in 2010. They came to Australia later that year. Mitra followed two years later and was the only other member of the family who lived here. 2. Mitra described Leila as "beautiful and kind". They saw each other every day and loved shopping and eating together. Marjan Lotfi, another sister who lived in the United States of America, described her as a "loving and kind person who was always laughing with her friends". She was looking forward to Leila coming to visit her. 3. Leila was brutally killed by her husband on 17 January 2015. 4. Mr Hosseiniamraei ("the offender") has pleaded guilty to the murder of Ms Alavi. It is a crime that carries a maximum penalty of imprisonment for life and a standard non-parole period of 20 years. These are legislative guideposts to which I must have regard along with all of the facts and circumstances of the case.