Regina v Khalouf [2002] NSWSC 1271

Regina v Khalouf [2002] NSWSC 1271

The prisoner committed a violent and serious murder out of anger and resentment when the victim refused to continue an intimate relationship; premeditation was not proved beyond reasonable doubt, but medical condition and age together constituted special circumstances, justifying a reduction of the non-parole period, though not of the head sentence, which must reflect retribution and deterrence given the seriousness of the crime and the absence of remorse.

Jurisdiction
Australia
Judgment Date
29 January 2002
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Guilty; sentenced to imprisonment
Legal Topics
['murder' 'sentencing' 'provocation' 'self Defence' 'general Deterrence' 'special Circumstances' 'victim Impact Statements']
['criminal Law'] ['murder' 'sentencing' 'provocation' 'self Defence' 'general Deterrence' 'special Circumstances' 'victim Impact Statements']

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Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['Appropriate sentence for murder committed by male defendant against female victim after refusal to continue relationship.' 'Whether there are special circumstances justifying departure from the statutory ratio of sentence to non-parole period.' 'Whether medical condition and age justify sentence mitigation.' 'Whether evidence supports premeditation, provocation, or self-defence.']

Ratio Decidendi

The prisoner committed a violent and serious murder out of anger and resentment when the victim refused to continue an intimate relationship; premeditation was not proved beyond reasonable doubt, but medical condition and age together constituted special circumstances, justifying a reduction of the non-parole period, though not of the head sentence, which must reflect retribution and deterrence given the seriousness of the crime and the absence of remorse.

Court Disposition

Guilty; sentenced to imprisonment

Orders

  • ['Imprisonment for 20 years commencing 18 February 2000 and expiring 17 February 2020.' 'Non-parole period to conclude on 17 August 2013.' 'Eligibility for parole on 18 August 2013.']