R v Hejabian [2016] NSWSC 1692

R v Hejabian [2016] NSWSC 1692

The offender intentionally killed the deceased, including by an act leading to her asphyxiation, but the killing was not planned and his post-traumatic stress disorder and depression significantly contributed to his loss of self-control. Those conditions reduced his moral culpability and moderated general deterrence, but the offence remained a serious murder requiring denunciation and deterrence. Special circumstances were not found because the statutory non-parole proportion provided sufficient parole eligibility to foster rehabilitation. The appropriate sentence was imprisonment for 21 years with a non-parole period of 15 years and 9 months, backdated to 21 April 2014.

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Criminal Sentence for Murder / Sentence After the Accused Was Found Guilty at Trial
Outcome
Sentenced to imprisonment for 21 years with a non-parole period of 15 years and 9 months, commencing on 21 April 2014.
Legal Topics
['murder' 'substantial Impairment by Abnormality of Mind' 'mental Illness on Sentence' 'intent to Kill' 'non Parole Period' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'substantial Impairment by Abnormality of Mind' 'mental Illness on Sentence' 'intent to Kill' 'non Parole Period' 'victim Impact Statement']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentence After the Accused Was Found Guilty at Trial

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Nouha Salame.' 'Whether the evidence established that the offender intended to kill the deceased rather than only cause grievous bodily harm.' "How the offender's post-traumatic stress disorder and depression affected moral culpability, general deterrence and sentence." 'Whether special circumstances warranted a departure from the statutory proportion between sentence and non-parole period.']

Ratio Decidendi

The offender intentionally killed the deceased, including by an act leading to her asphyxiation, but the killing was not planned and his post-traumatic stress disorder and depression significantly contributed to his loss of self-control. Those conditions reduced his moral culpability and moderated general deterrence, but the offence remained a serious murder requiring denunciation and deterrence. Special circumstances were not found because the statutory non-parole proportion provided sufficient parole eligibility to foster rehabilitation. The appropriate sentence was imprisonment for 21 years with a non-parole period of 15 years and 9 months, backdated to 21 April 2014.

Court Disposition

Sentenced to imprisonment for 21 years with a non-parole period of 15 years and 9 months, commencing on 21 April 2014.

Orders

  • ['Shahram Hejabian was sentenced for the murder of Nouha Salame to a non-parole period of 15 years and 9 months, commencing on 21 April 2014 and expiring on 20 January 2030.' 'A balance of term of 5 years and 3 months was imposed, commencing on 21 January 2030 and expiring on 20 April 2035.' 'The offender will be...