R v FAZAH [2014] NSWSC 231

R v FAZAH [2014] NSWSC 231

The murder was extremely serious because the offender intentionally inflicted fatal stab wounds on his innocent 2 year old daughter, to whom he owed the highest position of trust, and the wounding of his wife was a serious offence involving a sustained knife attack causing significant and enduring injuries. Although the offences were spontaneous rather than premeditated, the offender's PTSD, cognitive and emotional impairments, lack of criminal history, troubled background, prison hardship, pleas of guilty and remorse justified sentences and non-parole periods significantly below the standard non-parole periods, but only partial mitigation was appropriate because the gravity of the crimes...

Jurisdiction
Australia
Judgment Date
13 March 2014
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty to Murder and Wounding With Intent to Cause Grievous Bodily Harm
Outcome
The offender was sentenced to an aggregate sentence of imprisonment for 26 years with an effective non-parole period of 20 years, commencing on 1 January 2011, with eligibility for release on parole on 31 December 2030 and expiry on 31 December 2036.
Legal Topics
['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'domestic Violence' 'standard Non Parole Period' 'post Traumatic Stress Disorder' 'moral Culpability' 'general Deterrence' 'guilty Plea' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'domestic Violence' 'standard Non Parole Period' 'post Traumatic Stress Disorder' 'moral Culpability' 'general Deterrence' 'guilty Plea' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty to Murder and Wounding With Intent to Cause Grievous Bodily Harm

Legal Issues

  1. 1 ["What sentences should be imposed for the murder of the offender's 2 year old daughter and the wounding of his wife with intent to cause grievous bodily harm." "How the offender's background of war, captivity and torture, PTSD, cognitive impairments and psychological condition affected moral culpability, general deterrence and prison hardship." "What allowance should be made for the offender's pleas of guilty, lack of criminal history, troubled background, remorse and prospects of rehabilitation." 'How the standard non-parole periods and partial accumulation of sentences should be applied.']

Ratio Decidendi

The murder was extremely serious because the offender intentionally inflicted fatal stab wounds on his innocent 2 year old daughter, to whom he owed the highest position of trust, and the wounding of his wife was a serious offence involving a sustained knife attack causing significant and enduring injuries. Although the offences were spontaneous rather than premeditated, the offender's PTSD, cognitive and emotional impairments, lack of criminal history, troubled background, prison hardship, pleas of guilty and remorse justified sentences and non-parole periods significantly below the standard non-parole periods, but only partial mitigation was appropriate because the gravity of the crimes...

Court Disposition

The offender was sentenced to an aggregate sentence of imprisonment for 26 years with an effective non-parole period of 20 years, commencing on 1 January 2011, with eligibility for release on parole on 31 December 2030 and expiry on 31 December 2036.

Orders

  • ['For the wounding of Rasa Fazah with intent to cause grievous bodily harm, the offender is sentenced to a non-parole period of 5 years, to commence on 1 January 2011 and to expire on 31 December 2015, and a balance of term of 2 years, to commence on 1 January 2016 and to expire on 31 December 2017.' 'For the murder...