R v Ahmed (No 2) [2019] NSWSC 517

R v Ahmed (No 2) [2019] NSWSC 517

Mr Ahmed suffered an abnormality of mind arising from a chronic adjustment disorder, but he did not establish, on the balance of probabilities, that this abnormality substantially impaired his capacity to control himself at the time of the offence. The evidence proved beyond reasonable doubt that Mr Ahmed acted deliberately to kill Ms Elahi, including his conduct after the offence. Application of community standards does not permit liability to be reduced to manslaughter. Mr Ahmed is guilty of murder.

Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Criminal / Post Trial, Orders on Conviction, Judgment (judge Alone)
Outcome
Convicted of murder, matter stood over for sentence.
Legal Topics
['murder' 'partial Defence' 'substantial Impairment by Abnormality of Mind' 'judge Alone Trial' 'section 23 a Crimes Act 1900 (nsw)']
['criminal Law'] ['murder' 'partial Defence' 'substantial Impairment by Abnormality of Mind' 'judge Alone Trial' 'section 23 a Crimes Act 1900 (nsw)']

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Procedural Posture

Criminal / Post Trial, Orders on Conviction, Judgment (judge Alone)

Legal Issues

  1. 1 ['Whether Shahab Ahmed is guilty of murder or may rely on the partial defence of substantial impairment by abnormality of mind under s 23A Crimes Act 1900 (NSW)' "Whether Mr Ahmed's abnormality of mind substantially impaired his capacity to control himself" 'Whether application of community standards permits his liability to be reduced to manslaughter']

Ratio Decidendi

Mr Ahmed suffered an abnormality of mind arising from a chronic adjustment disorder, but he did not establish, on the balance of probabilities, that this abnormality substantially impaired his capacity to control himself at the time of the offence. The evidence proved beyond reasonable doubt that Mr Ahmed acted deliberately to kill Ms Elahi, including his conduct after the offence. Application of community standards does not permit liability to be reduced to manslaughter. Mr Ahmed is guilty of murder.

Court Disposition

Convicted of murder, matter stood over for sentence.

Orders

  • ["Find Mr Ahmed guilty of Ms Elahi's murder." 'Order that his conviction for the offence of murder be entered.' 'Stand the matter over for sentence.']