R v Hazairin Iskandar [2012] NSWSC 1324

R v Hazairin Iskandar [2012] NSWSC 1324

Hazairin Iskandar was sentenced for murder, with the court finding the offence was carefully planned, committed in company, involved the use of weapons, and fell above the mid-range of objective seriousness. The provocation defense was rejected, and personal and general deterrence, genuine remorse, age, and a sentencing discount for a guilty plea to manslaughter were taken into account. The sentence imposed was a minimum term of 17 years imprisonment with an additional term of 6 years.

Jurisdiction
Australia
Judgment Date
07 December 2012
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to imprisonment
Legal Topics
['murder' 'sentencing' 'joint Criminal Enterprise' 'provocation Defence' 'objective Seriousness' 'mitigating Factors' 'remorse' 'adjustment Disorder']
['criminal Law'] ['murder' 'sentencing' 'joint Criminal Enterprise' 'provocation Defence' 'objective Seriousness' 'mitigating Factors' 'remorse' 'adjustment Disorder']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the accused was guilty of murder or manslaughter due to provocation' 'Assessment of objective seriousness for sentencing' 'Consideration of mitigating factors and remorse']

Ratio Decidendi

Hazairin Iskandar was sentenced for murder, with the court finding the offence was carefully planned, committed in company, involved the use of weapons, and fell above the mid-range of objective seriousness. The provocation defense was rejected, and personal and general deterrence, genuine remorse, age, and a sentencing discount for a guilty plea to manslaughter were taken into account. The sentence imposed was a minimum term of 17 years imprisonment with an additional term of 6 years.

Court Disposition

Accused sentenced to imprisonment

Orders

  • ['Hazairin Iskandar sentenced to a minimum term of 17 years imprisonment commencing 23 February 2010 and expiring 22 February 2027 with an additional term of 6 years expiring 22 February 2033.']