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Supreme Court 31 August 2026

R v Baziad (No 3)

[2026] NSWSC 1038

Homicide

Citation: R v Baziad (No 3) [2026] NSWSC 1038
Court: Supreme Court of New South Wales
Date: 31 August 2026
Judge(s): Boulten J

Background

The offender was convicted by a jury on 27 May 2026 of the murder of the deceased, who was killed on or about 6 or 7 February 2004 at Lakemba, New South Wales. The case centred on a fraught love triangle involving the offender, the deceased, and a woman to whom the deceased had been married. Over the course of 2003, a friendship of sorts developed between the two men even as their mutual jealousy over the woman intensified.

The deceased was last seen alive leaving the woman's home at around 11:00 pm on 6 February 2004. His body was recovered from the Nepean River at Menangle approximately three weeks later, on 29 February 2004. The prosecution case was entirely circumstantial.

After the killing, the offender fled to Indonesia, where he remained for several years. He was eventually returned to Australia and faced trial more than two decades after the offence. He continued to deny responsibility throughout proceedings, and the sentencing judge found there was no remorse.

  • Whether a life sentence was warranted under s 61 of the Crimes (Sentencing Procedure) Act 1999 (NSW), given the level of culpability involved
  • What sentence was appropriate having regard to the standard non-parole period of 20 years, the applicable sentencing purposes under s 3A of the CSP Act, and all relevant aggravating and mitigating factors
  • Whether special circumstances existed to justify departing from the statutory requirement that the non-parole period be at least three-quarters of the total sentence
  • How the long delay between the offence (2004) and sentencing (2026), the offender's flight to Indonesia, his continuing denial of culpability, and his personal circumstances bore on the appropriate sentence

Decision

Life Sentence:
Boulten J found that, although the offender's culpability was significant, it did not reach the extreme threshold required by s 61(1) of the CSP Act to justify the imposition of a life sentence. A life sentence was therefore not imposed.

Objective Seriousness and Aggravating Factors:
The court found the offender had stabbed the deceased three times, each wound potentially independently fatal, and had inflicted additional non-fatal injuries. The killing was driven by jealousy and a controlling disposition. The offender had then disposed of the body in the Nepean River and fled to Indonesia, where he remained for several years. These post-offence circumstances were treated as seriously aggravating. The court found the offence was committed with intent to kill, further elevating its objective gravity.

Mitigating Factors and Delay:
Boulten J acknowledged the very long period between the offence and sentencing as a relevant consideration, though its weight was limited by the fact that the delay was substantially caused by the offender's own flight from Australia. The offender had no prior criminal record, was a first-time prisoner, and was of an age that reduced the likelihood of future reoffending. Some moderation in sentence was warranted on those bases. However, the absence of remorse and the continuing denial of culpability meant rehabilitation carried little weight.

Special Circumstances:
The Crown did not contest that the defence raised special circumstances, relying on the offender's age, first time in custody, and the inevitable length of the sentence. Boulten J rejected each of these as constituting special circumstances, whether considered alone or together, and declined to vary the statutory ratio between the non-parole period and the total term.

Orders Made

  • The offender was sentenced to a total term of 24 years' imprisonment for the murder of the deceased
  • Non-parole period: 18 years, commencing 17 June 2024
  • Additional term: 6 years' imprisonment
  • Sentence expires: 16 June 2048
  • The court noted, pursuant to s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), that that Act may apply to the offender and directed his legal representatives to explain its significance to him

Key Takeaways

  • A life sentence under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires culpability so extreme that only that sentence can satisfy the community's interest in retribution, punishment, community protection and deterrence. The Supreme Court found that threshold was not met here, despite the brutal and premeditated nature of the killing.
  • Where an offender's own conduct, specifically flight from Australia, substantially causes the delay between offence and sentencing, that delay carries diminished mitigating weight. The court gave the delay only limited moderation effect in this case.
  • Continuing denial of culpability and the absence of remorse are relevant factors that reduce the significance of rehabilitation as a sentencing purpose under s 3A of the CSP Act.
  • First-time custody status and the length of an inevitable sentence do not, without more, constitute special circumstances sufficient to depart from the statutory requirement that a non-parole period be no less than three-quarters of the total term.
  • General deterrence and denunciation were identified as the primary sentencing considerations in a case involving an intentional, jealousy-driven killing followed by deliberate concealment of the body and prolonged evasion of justice.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), s 19A
- Crimes (High Risk Offenders) Act 2006 (NSW), s 25C
- Crimes (Sentencing Procedure) Act 1999 (NSW), Div 1A, ss 3A, 21A, 21B, 30E, 4 4, 54A, 54B, 61
- Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 (NSW)
- Evidence Act 1995 (NSW), s 97

Cases
- BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379
- Daher v R [2026] NSWCCA 26
- Dorsett v R [2024] NSWCCA 192
- Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
- Milat v R; Klein v R [2014] NSWCCA 29
- Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
- R v A1 (No 6) [2019] NSWSC 1581
- R v Blanco [1999] NSWCCA 121; (1999) 106 A Crim R 303
- R v Bolt [2001] NSWCCA 487; (2001) 126 A Crim R 284
- R v Dawes [2004] NSWCCA 363
- R v Dawson [2022] NSWSC 1632
- R v Eaton [2023] NSWCCA 125; (2023) 308 A Crim R 465
- R v Olbrich (1999) 199 CLR 270; [1999] HCA 54
- R v Wilkinson (No 5) [2009] NSWSC 432
- Sabra v R [2015] NSWCCA 38; (2015) 257 A Crim R 33
- Sumpton v R [2016] NSWCCA 162