R v Darbanou [2018] NSWSC 1672

R v Darbanou [2018] NSWSC 1672

The murder was above the middle range of objective seriousness: the offender intentionally killed his wife in their home by a frenzied, purposeful knife attack involving at least 60 stab wounds, in a domestic relationship context requiring denunciation and general deterrence. Although the offence was extremely brutal, it did not meet the statutory test for a life sentence. The Court accepted mitigation for the early guilty plea, lack of prior Australian criminal history, lack of evidence of planning, poor English, limited supports and current mental health treatment, but rejected remorse as established and rejected any causal mitigating effect from possible delusional disorder or asserted...

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Criminal Sentencing for Murder / Sentence After Plea of Guilty
Outcome
For the offence of the murder of Nasrin Abek, Amir Darbanou was sentenced to imprisonment for 21 years with a non-parole period of 15 years 9 months.
Legal Topics
['murder' 'domestic Homicide' 'objective Seriousness' 'guilty Plea Discount' 'mental Health in Sentencing' 'general Deterrence' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'domestic Homicide' 'objective Seriousness' 'guilty Plea Discount' 'mental Health in Sentencing' 'general Deterrence' 'victim Impact Statements']

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Nasrin Abek." 'Whether the offence warranted a sentence of life imprisonment under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'How the objective seriousness of the murder should be assessed, including the use of a knife, multiple stab wounds, intent to kill, domestic relationship context and lack of planning.' 'Whether asserted mental illness, alcohol dependence or intoxication reduced moral culpability or otherwise mitigated sentence.' 'What discount should be allowed for the plea of guilty entered at the first opportunity.']

Ratio Decidendi

The murder was above the middle range of objective seriousness: the offender intentionally killed his wife in their home by a frenzied, purposeful knife attack involving at least 60 stab wounds, in a domestic relationship context requiring denunciation and general deterrence. Although the offence was extremely brutal, it did not meet the statutory test for a life sentence. The Court accepted mitigation for the early guilty plea, lack of prior Australian criminal history, lack of evidence of planning, poor English, limited supports and current mental health treatment, but rejected remorse as established and rejected any causal mitigating effect from possible delusional disorder or asserted...

Court Disposition

For the offence of the murder of Nasrin Abek, Amir Darbanou was sentenced to imprisonment for 21 years with a non-parole period of 15 years 9 months.

Orders

  • ['For the offence of the murder of Nasrin Abek, Amir Darbanou is sentenced to a term of imprisonment of 21 years.' 'The sentence will commence on 29 September 2016 and expire on 28 September 2037.' 'A non-parole period of 15 years 9 months is specified, expiring on 28 June 2032.']