Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Ahmed (No 2) [2023] NSWSC 105 Hearing dates: 10 February 2023 Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Common Law Before: N Adams J Decision: For the offence of murder, Shahab Ahmed is convicted and sentenced to:
(1) Imprisonment for a term of 24 years to commence on 18 February 2017 and expire on 17 February 2041.
(2) The non-parole period is 18 years’ imprisonment to commence on 18 February 2017 and expire on 17 February 2035.
Catchwords: CRIME – SENTENCE – murder – wife stabbed with a knife in home – multiple stab wounds – conviction following jury trial – plea of guilty to manslaughter on the basis of substantial impairment by abnormality of mind – offender was not substantially impaired but flew into jealous rage – not premediated – offender facilitated justice – remorse shown
Legislation Cited: Crimes Act1900 (NSW), ss 18(1)(a), 23A, 23A(1)(a), 23A(8)
Crimes (High Risk Offenders) Act 2006 (NSW), s 25C
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30E(1), 30E(3), 47(3)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30E(1), 30E(3), 47(3)
Crimes (Sentencing Procedure) Act 1999 (NSW), Table to Division 1A of Part 4
Cases Cited: DS v R; DM v R [2022] NSWCCA 156
Lechmana v R [2019] NSWCCA 112
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Pritchard v R [2022] NSWCCA 130
R HMcLv The Queen (2000) 203 CLR 452; [2000] HCA 46
R v Ahmed (No 2) [2019] NSWSC 517
R v Ahmed (No 3) [2019] NSWSC 625
R v Haydar(No 4) [2017] NSWSC 615
R v Isaacs (1997) 41 NSWLR 374
R v Latu (No 3) [2019] NSWSC 951
Category: Sentence Parties: Rex (Crown)
Shahab Uddin Ahmed (Offender)Representation: Counsel:
Solicitors:
Ms F Gray (Crown)
Mr T Woods/Mr A Khoury (Offender)
Solicitor for Public Prosecutions (NSW) (Crown)
Mr U Amin, Olympus Law Partners (Offender)
File Number(s): 2017/52488 Publication restriction: Nil.
Judgment
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On 18 February 2017, Shahab Ahmed, the offender, stabbed his wife Khondkar Fariha Elahi 14 times over her body in a frenzied attack in her own home. She was stabbed with such ferocity that the tip of the knife snapped off and was later found lodged between two of her teeth. As she lay dying on her bed begging for forgiveness, the offender smoked some cigarettes, made entries on his Facebook page and logged into Ms Elahi’s Facebook page to make an entry there as well. By the time he telephoned police to report what he had done, he knew that Ms Elahi was dead.
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The offender made full…
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- AGLC
- R v Ahmed (No 2) [2023] NSWSC 105
- Case
- [2023] NSWSC 105
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide included the appropriate sentence for the offence of murder, considering the mitigating factors of Ahmed's lack of premeditation and his remorse. The court also had to consider the plea of guilty to manslaughter and the circumstances of the offence, including the manner in which the victim was killed and the offender's state of mind at the time of the offence.
The court found that, while Ahmed's actions were not premeditated, they were nonetheless violent and resulted in the death of his wife. The court considered the mitigating factors of Ahmed's lack of premeditation and his remorse, but ultimately found that these factors did not outweigh the seriousness of the offence. The court sentenced Ahmed to a term of imprisonment, reflecting the gravity of the offence and the need to protect the community. The court also noted that Ahmed's facilitation of justice and his remorse were factors in his favour, but did not outweigh the need for punishment and deterrence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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