R v Payam [2015] NSWSC 1819

R v Payam [2015] NSWSC 1819

The Court was satisfied beyond reasonable doubt that by the time the offender met the deceased he had determined at least to stab and injure him, and that when inflicting the fatal injuries he intended to kill. The murder was aggravated by its public setting and the offender's possession and use of a large concealed knife, but the objective criminality was slightly below the mid-range because the planning was probably recent and occurred against a background of distress, impulsivity and anxiety. The offender's guilty plea, traumatic background, psychological condition, remorse, low risk if treated and good prospects of rehabilitation justified mitigation and a modest reduction of the...

Jurisdiction
Australia
Judgment Date
09 December 2015
Procedural Posture
Criminal Sentence for Murder / Sentence After Plea of Guilty on Indictment
Outcome
Offender sentenced to imprisonment for murder.
Legal Topics
['murder' 'plea of Guilty' 'premeditation' 'objective Seriousness' 'victim Impact Statement' 'non Parole Period' 'special Circumstances' 'post Traumatic Stress Disorder' 'rehabilitation']
['criminal Law' 'sentencing'] ['murder' 'plea of Guilty' 'premeditation' 'objective Seriousness' 'victim Impact Statement' 'non Parole Period' 'special Circumstances' 'post Traumatic Stress Disorder' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentence After Plea of Guilty on Indictment

Legal Issues

  1. 1 ['Whether and to what extent the murder was premeditated by the offender.' 'The objective seriousness of the murder, including that it was committed in a public place.' "The weight to be given to the offender's guilty plea, personal history, psychological condition, prospects of rehabilitation and prior convictions." 'Whether special circumstances warranted departure from the statutory ratio between the non-parole period and the balance of term.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that by the time the offender met the deceased he had determined at least to stab and injure him, and that when inflicting the fatal injuries he intended to kill. The murder was aggravated by its public setting and the offender's possession and use of a large concealed knife, but the objective criminality was slightly below the mid-range because the planning was probably recent and occurred against a background of distress, impulsivity and anxiety. The offender's guilty plea, traumatic background, psychological condition, remorse, low risk if treated and good prospects of rehabilitation justified mitigation and a modest reduction of the...

Court Disposition

Offender sentenced to imprisonment for murder.

Orders

  • ['Non-parole period of 13 years and 6 months, commencing on 7 July 2014 and expiring on 6 January 2028.' 'Balance of term of 5 years and 6 months, commencing on 7 January 2028 and expiring on 6 July 2033, making a total term of imprisonment of 19 years.' 'The earliest date on which the offender will be eligible for...