R v Ahmed (No 3) [2019] NSWSC 625

R v Ahmed (No 3) [2019] NSWSC 625

Mr Ahmed's offence, by virtue of his deliberate intention to kill, the repeated brutal attacks, and the callous delay in seeking help, falls above the mid-range of seriousness. While his untreated depressive disorder somewhat reduced his moral culpability, it did not significantly affect his capacity to control himself or his awareness of his actions. No special circumstances were found. Considerations of general and specific deterrence warranted a significant custodial sentence, resulting in a total term of imprisonment of 27 years with a non-parole period of 20 years and 3 months.

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['sentencing' 'murder' 'domestic Violence' 'objective Seriousness' 'moral Culpability' 'aggravating and Mitigating Matters' 'deterrence']
['criminal Law'] ['sentencing' 'murder' 'domestic Violence' 'objective Seriousness' 'moral Culpability' 'aggravating and Mitigating Matters' 'deterrence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder conviction' 'Assessment of objective seriousness' 'Assessment of moral culpability' 'Role of mental illness in sentencing' 'Evaluation of aggravating and mitigating factors' 'Deterrence and community protection']

Ratio Decidendi

Mr Ahmed's offence, by virtue of his deliberate intention to kill, the repeated brutal attacks, and the callous delay in seeking help, falls above the mid-range of seriousness. While his untreated depressive disorder somewhat reduced his moral culpability, it did not significantly affect his capacity to control himself or his awareness of his actions. No special circumstances were found. Considerations of general and specific deterrence warranted a significant custodial sentence, resulting in a total term of imprisonment of 27 years with a non-parole period of 20 years and 3 months.

Court Disposition

Convicted and sentenced

Orders

  • ['Shahab Ahmed is sentenced to a term of imprisonment, with a non-parole period of 20 years, 3 months commencing on 18 February 2017 and expiring on 17 May 2037; with a balance of term of 6 years, 9 months expiring on 17 February 2044.' 'The earliest date on which Mr Ahmed will be eligible for release on parole is...