R v Hossain [2023] NSWSC 1621

R v Hossain [2023] NSWSC 1621

The offender was convicted and sentenced for murder based on a guilty plea. The killing was objectively very serious due to its violence and context, though not premeditated. The offender's depressive illness was a very slight contributing factor to the offence and resulted in a marginal reduction in moral culpability, but did not substantially reduce the need for deterrence or the severity of the sentence. A 25% discount for utilitarian value of guilty plea was applied. The offender was sentenced to 19 years and 6 months imprisonment with a non-parole period of 14 years and 7 months.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Conviction and sentence imposed
Legal Topics
['murder' 'sentencing' 'domestic Violence' 'mental Health' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors']
['criminal Law'] ['murder' 'sentencing' 'domestic Violence' 'mental Health' 'objective Seriousness' 'aggravating Factors' 'mitigating Factors']

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for murder following guilty plea' 'Impact of depressive illness on moral culpability and sentencing' 'Assessment of objective and subjective seriousness' 'Aggravating and mitigating factors in a domestic violence murder case']

Ratio Decidendi

The offender was convicted and sentenced for murder based on a guilty plea. The killing was objectively very serious due to its violence and context, though not premeditated. The offender's depressive illness was a very slight contributing factor to the offence and resulted in a marginal reduction in moral culpability, but did not substantially reduce the need for deterrence or the severity of the sentence. A 25% discount for utilitarian value of guilty plea was applied. The offender was sentenced to 19 years and 6 months imprisonment with a non-parole period of 14 years and 7 months.

Court Disposition

Conviction and sentence imposed

Orders

  • ['The offender Altaf Hossain is convicted of the murder of Syeda Nirupama.' 'For the murder of Syeda Nirupama, a sentence of imprisonment of 19 years 6 months imposed, non-parole period of 14 years 7 months commencing 21 April 2019. Eligible for parole on 20 November 2033; sentence expires 20 October 2038. Term...