R v A1 (No. 6) [2019] NSWSC 1581

Supreme Court New South Wales

Medium Neutral Citation: R v A1 (No. 6) [2019] NSWSC 1581 Hearing dates: 4 October 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Offender is convicted and sentenced to imprisonment for a term of 32 years comprising a non-parole period of 23 years commencing on 7 October 2016 and expiring on 6 October 2039, with a balance of term of nine years commencing on 7 October 2039 and expiring on 6 October 2048. The earliest date upon which the Offender will be eligible for release on parole is 7 October 2039. Catchwords: CRIMINAL LAW – SENTENCE – MURDER – offender found guilty following trial by jury – victim shot six times in the head and once in chest – victim and offender's wife involved in a relationship – where offender's motive related to his outrage at the relationship between the victim and the offender's wife and his sense of cultural dishonour – planned offence committed with intent to kill – whether offender provoked by victim attracting operation of s.21A(3)(c) Crimes (Sentencing Procedure) Act 1999 – characterisation as an "honour killing" unhelpful to offender – no "honour" in murder – offence fell markedly above mid-range of objective seriousness – general and specific deterrence important factors on sentence – absence of remorse – consideration of totality arising from accumulation of sentence on pre-existing sentence – limited finding of special circumstances – offender sentenced to imprisonment for 32 years with a non-parole period of 23 years. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Hamidzadeh v R (2013) 1 NZLR 369; [2012] NZCA 550 Imbornone v R [2017] NSWCCA 144 R v A1 (No. 1) [2019] NSWSC 611 R v Ali [2011] EWCA Crim 1011 R v Campbell [2016] QCA 42 R v Freeman [2015] VSC 506 R v Andrew Iskandar; R v Nita Iskandar (No. 4) [2012] NSWSC 149 R v Hazairin Iskandar [2012] NSWSC 1324 Andrew Iskandar v R [2013] NSWCCA 235 R v Khan (1996) 86 A Crim R 552 R v Khan [2016] 1 Cr App R (S) 47; [2015] EWCA Crim 1816 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 R v Rajab and Ors [2017] NSWSC 975 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 R v White (Court of Criminal Appeal, 23 June 1998, unreported) Tepania v R [2018] NSWCCA 247 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Tyne v Tasmania (2005) 15 Tas R 221; [2005] TASSC 119 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Texts Cited: --- Category: Sentence Parties: Regina (Crown) A1 (Offender) Representation: Counsel: Mr RA Herps (Crown) Mr K Chapple SC (Offender)