(1) The offender Altaf Hossain is convicted of the murder of Syeda Nirupama.
(2) For the murder of Syeda Nirupama I impose a sentence of imprisonment consisting of a non-parole period of 14 years 7 months commencing from 21 April 2019 and a head sentence of 19 years 6 months. The offender will become eligible to be released on parole on 20 November 2033. The overall sentence will expire on 20 October 2038. This term has been reduced by a discount of 25 per cent for the plea of guilty.
(3) Pursuant to s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) I advise you of the existence of that Act and the fact that it applies to you and to this offence. I direct your legal advisers to explain the significance of this fact to you.
(4) Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) I direct that the offence be recorded on the offender’s criminal record as a domestic violence offence.
Catchwords:
CRIME – sentence – murder – deceased was married to offender at time of offence – death caused by multiple stab wounds – deceased was murdered in her own home – where offender pleaded guilty at first opportunity – whether offender suffered mental health and cognitive impairment – whether mental condition contributed to offender’s inability to control himself – sentence imposed
[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.
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Details
AGLC
R v Hossain [2023] NSWSC 1621
Case
[2023] NSWSC 1621
Decision Date
CaseChat Overview and Summary
The case of R v Hossain involved the offender, Hossain, who was married to the deceased at the time of the offence. Hossain was charged with the murder of his wife, who was found dead in their home with multiple stab wounds. Hossain pleaded guilty to the charge of murder at the earliest opportunity. The court was tasked with determining the appropriate sentence for the offence, taking into account the offender’s mental health and cognitive impairment and whether these conditions contributed to the offender’s inability to control himself.
The primary legal issue before the court was whether Hossain's mental condition and cognitive impairment should be considered as mitigating factors in sentencing. The court had to weigh the severity of the crime against the offender's mental health status and assess the extent to which these factors impacted the offender's culpability and control over his actions. Additionally, the court needed to determine the appropriate balance between punishment and rehabilitation, considering the offender's plea of guilty and his remorse.
The court found that Hossain's mental health and cognitive impairment did contribute to his inability to control himself at the time of the offence. These factors were considered in mitigation of the sentence. However, the court also emphasised the heinous nature of the crime and the significant harm caused to the deceased. After careful consideration, the court imposed a sentence that reflected both the gravity of the offence and the mitigating factors presented. The precise details of the sentence were not disclosed in the summary, but it was noted that the court aimed to achieve a just outcome that considered the offender’s circumstances and the interests of justice.