R v Giri & Karki [1999] NSWSC 1269

R v Giri & Karki [1999] NSWSC 1269

Both prisoners were found to have participated in a joint criminal enterprise resulting in murder. Exceptional hardship due to incarceration in a foreign country warrants limited mitigation, but liability to deportation is irrelevant. Having regard to all circumstances, a sentence of 17 years with a 12-year minimum term is appropriate for each offender.

Jurisdiction
Australia
Judgment Date
21 December 1999
Procedural Posture
Criminal / Sentencing
Outcome
Both prisoners sentenced to 17 years' penal servitude with a non-parole period of 12 years. Special circumstances found.
Legal Topics
['sentencing' 'murder' 'deportation' 'exceptional Hardship' 'foreign Prisoners']
['criminal Law'] ['sentencing' 'murder' 'deportation' 'exceptional Hardship' 'foreign Prisoners']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Assessment of objective and subjective criminality of offenders convicted of murder' 'Relevance of exceptional hardship when sentence is served in a foreign country' 'Irrelevance of liability to deportation on sentence' 'Appropriate minimum and additional terms for murder sentences']

Ratio Decidendi

Both prisoners were found to have participated in a joint criminal enterprise resulting in murder. Exceptional hardship due to incarceration in a foreign country warrants limited mitigation, but liability to deportation is irrelevant. Having regard to all circumstances, a sentence of 17 years with a 12-year minimum term is appropriate for each offender.

Court Disposition

Both prisoners sentenced to 17 years' penal servitude with a non-parole period of 12 years. Special circumstances found.

Orders

  • ['Each prisoner sentenced to a minimum term of 12 years penal servitude commencing on 15 September 1999 and expiring on 14 September 2011, and an additional term of 5 years commencing on 15 September 2011 and expiring on 14 September 2016. Eligible for release on parole on 15 September 2011.']