R v Edwin Jitesh Chandra

[2015] NSWDC 234

District Court

New South Wales

Medium Neutral Citation:

R v Edwin Jitesh Chandra [2015] NSWDC 234

Hearing dates:

25 May to 5 June 2015

Decision date:

11 September 2015

Jurisdiction:

Criminal

Before:

Knox SC DCJ

Decision:

Sentenced to 16 years imprisonment

Non-parole period of 11 years and 3 months

Catchwords:

CRIMINAL LAW – sentence – grievous bodily harm by the use of corrosive fluid – intention to pour petrol on victim and ignite it – burning of victim – extent of injuries by burning – public safety – danger to others – high range objective criminality – invitation to offender to come inside victim's home – flight and extradition – absence of mitigating factors including remorse – planning and premeditation by thoughtful offender – assessment to criminality near to worst case

Legislation Cited:

Section 27 of the Crimes Act (NSW) 1900

Cases Cited:

Alseedi v R [2009] NSWCCA 185 , Park v R [2010] NSWCCA 151; R v VAA [2006] NSWCCA 44; Arun v R [2010] NSWCCA 214, R v Heron [2006] NSWCCA 215, Cassidy v R [2012] NSWCCA 68, Josefski v R [2010] NSWCCA 41, R v Chisari [2006] NSWCCA 19, Ingham v R [2011] NSWCCA 88 at 111 – 112 , Aktar v R [2015] NSWCCA 123, Kendall v R [2015] NSWCCA 13; R v Twala (NSWCCA, unreported, 4 November 1994), Mulato v R [2006] NSWCCA 282, Little v R [2010] NSWCCA 210

Category:

Sentence

Parties:

Regina (Crown)
Edwin Jitesh Chandra (Accused)

Representation:

Crown Advocate: Ms Morkaya

Accused: Mr Steel

File Number(s):

2011/35159

Judgment

Charges

1.   On 5 June 2015, Edwin Jitesh Chandra (“the offender”) was found guilty by a jury on a charge brought pursuant to section 46 of the Crimes Act (NSW) 1900 (“Crimes Act”) that:

“On 24 December 2010, he intentionally used a substance, namely petrol, upon Mr Gurmail Saini (“Mr Saini”), and ignited it, causing grievous bodily harm to Mr Saini.”

2.   The charge carries a maximum penalty of 25 years imprisonment. There is no standard non-parole period for the offence.

3. The offender was acquitted on a more serious charge brought under section 27 of the Crimes Act of causing grievous bodily harm to Mr Saini with intent to murder him. That charge also carries a maximum penalty of 25 years imprisonment, with a standard non-parole period of 10 years.

4. A distinction needs to be drawn between this offence and an offence under s 33, which has the same maximum penalty and a standard non-parole period of 7 years.

Relationship

5.   The offender was in a relationship with a woman known as Ms Mohini Sharma (“Ms Sharma”) from early 2009. They moved from Melbourne to Sydney. Ms Sharma commenced working as a carer with an organisation called Syd West Multicultural Services Inc and its sub-organisation, called “CALD Aged Care Services”. Ms Sharma was a carer for Mr Saini’s mother and wife. Mr Saini’s wife died apparently…