R v Darbanou - [2018] NSWSC 1672

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Darbanou [2018] NSWSC 1672
Hearing dates: 8 June 2018
Date of orders: 02 November 2018
Decision date: 02 November 2018
Jurisdiction: Common Law - Criminal
Before: Lonergan J
Decision:
For the offence of the murder of Nasrin Abek, I sentence Amir Darbanou to a term of imprisonment of 21 years. That sentence will commence on 29 September 2016 and expire on 28 September 2037. I specify a non-parole period of 15 years 9 months which will expire on 28 June 2032.

Catchwords: CRIMINAL LAW – sentencing – murder – domestic homicide – infliction of multiple sharp force injuries – early plea of guilty – serious offence – gravity of the offence – moral culpability – discount for guilty plea – sentence imposed
Legislation Cited: Crimes Act 1900 (NSW) s 18
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21, 21A, 25D, 28, 61
Cases Cited: Apps v R [2006] NSWCCA 290
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; 205 A Crim A 1; [2010] NSWCCA 194
Milat v R; Klein v R [2014] NSWCCA 29
Muldrock v The Queen (2011) 244 CLR 120; 212 A Crim R 254; [2011] HCA 39
R v Engert (1995) 84 A Crim R 67
Versluys v R [2014] NSWCCA 98
Category: Sentence
Parties: Regina (Crown)
Amir Homayoun Darbanou (Offender)
Representation:
Counsel:
C Patrick SC (Crown)
M Austin (Offender)
Solicitors:
Director of Public Prosecutions (Crown)
Legal Aid NSW (Offender)

File Number(s): 2016/292140

Judgment

On the evening of Wednesday 28 September 2016, Amir Darbanou killed his wife, Nasrin Abek. He did this by stabbing her to death with a large kitchen knife in their home at Potts Point. Nasrin was only 33 years old, a beloved daughter, sister, granddaughter and friend. Her mother Rahimeh Bagheri describes her as an angel and the best daughter you could want. She is described by her brothers as a “beautiful, happy and kind woman”, and by her sister as a person with a heart of gold, the “sweetheart of the family”.
The offender pleaded guilty to the murder on 21 September 2017 and maintained that plea when he was arraigned on 1 December 2017 and this amounts to a plea of guilty at the first opportunity.

Agreed facts of the offence

These facts are taken from the agreed statement of facts that was tendered at the sentencing hearing.
The offender and Ms Abek were Iranian nationals who met in Tehran, Iran. They were married in 2004 and arrived together from Indonesia to Darwin in March 2013. They were both placed in immigration detention.
The offender was released from immigration detention on 23 May 2013 and Ms Abek on 13 June 2013 and they flew to Adelaide together and stayed there for about a month, then moved to Sydney.
In the second half of 2013, the offender and Ms Abek moved to a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Darbanou

Details

AGLC: R v Darbanou [2018] NSWSC 1672
Case: [2018] NSWSC 1672
Decision Date: 02 November 2018

CaseChat Overview and Summary

The defendant, Darbanou, was charged with the murder of his partner, who suffered multiple sharp force injuries. The matter was heard in the Supreme Court of Victoria. The central issue before the court was the appropriate sentence to be imposed on Darbanou, who had pleaded guilty to the charge of murder at an early stage. The court needed to determine the gravity of the offence, assess the moral culpability of the defendant, and decide on the appropriate discount for the early guilty plea. The court also had to consider the principles of sentencing in relation to domestic homicide and the impact of multiple injuries inflicted on the victim.

The court began by acknowledging the seriousness of the offence, noting that the victim had suffered multiple sharp force injuries, which indicated a high level of violence. It was emphasised that the nature of the offence was a critical factor in determining the sentence. The court then assessed Darbanou's moral culpability, considering his background, the circumstances leading to the offence, and his early guilty plea. The early guilty plea was recognised as a significant factor warranting a discount in the sentence. However, the court balanced this against the gravity of the offence and the need to ensure that the sentence reflected the seriousness of the crime.

After weighing these factors, the court determined that the appropriate sentence for Darbanou was one that reflected the seriousness of the offence while also considering the discount for the early guilty plea. The court imposed a sentence that it deemed to be just and appropriate in the circumstances, taking into account all relevant factors. The final orders of the court were that Darbanou be sentenced to a term of imprisonment, with specific details regarding the length of the sentence and any additional penalties or conditions imposed. The court's decision was aimed at ensuring that the sentence was proportionate to the crime and served the purposes of punishment, deterrence, and rehabilitation.

Orders