Life term for man who killed wife's lover

A plea from an Auckland-based Iranian refugee who fatally stabbed his wife's lover that he should avoid a life jail sentence has been rejected by a High Court judge.

However, Justice Patricia Courtney did accept provocation as a reason to conclude a 17-year minimum non-parole period usually required by law for particularly brutal murders was manifestly unjust.

In a test case for the new law eliminating provocation as a partial defence to murder, Mohammad Hamidzadeh was sentenced to life imprisonment for the murder of Farasad Razani.

She sentenced him to life imprisonment with a minimum non-parole period of 12-1/2 years.

Hamidzadeh, in a frenzy after discovering Razani and his wife were sexually involved, stabbed him so brutally with two knives that their Waterloo Quadrant apartment was left dripping with blood.

"I have no doubt that this murder was committed with a high degree of brutality, cruelty and callousness," Justice Courtney said during sentencing.

Hamidzadeh's lawyer Belinda Sellers said that the attack would have been counted as provocation under previous legislation, which could reduce a murder conviction to manslaughter.

Parliament had intended that with this defence removed, provocation elements could be considered as a factor during sentencing, she said.

Ms Sellers said that the provocation in this case was such that it would be manifestly unjust to sentence him to life imprisonment, and if this was not considered, it was also manifestly unjust that he should reach the threshold for a 17-year minimum non-parole period for particularly brutal murders.

"This is a classic provocation case," she said.

Crown lawyer Aaron Perkins said this was just the sort of case Parliament had in mind when it repealed the provocation defence.

"The prisoner may have reason to feel very aggrieved at the loss of his wife's affections ... but that is hardly a unique state of affairs.

"We have moved away from idea that homicidal violent rage as a reaction to this requires to be rewarded in some way."

Hamidzadeh and his wife, whose name was suppressed today, claimed political asylum when they arrived in New Zealand in September 2009 and stayed at the Mangere Refugee Centre, where Razani visited them.

The couple separated later and the wife moved into Mr Razani's apartment, unknown to her husband, who thought she was at a friend's place.

Mr Razani later invited Hamidzadeh to move in with him in late September or early October in 2010, and said he was encouraging Hamidzadeh and his wife to reconcile. Hamidzadeh subsequently became suspicious and set up a recording device to listen to them, which subsequently recorded the couple having sex.

He listened to the recording about 4am on October 25, and an hour later attacked Mr Razani with two knives while he was asleep.

The police summary of facts revealed Mr Razani had 17 stab wounds and 42 cuts on his body.

Twelve of the stab wounds were to his chest, five of which penetrated 16cm into his chest wall. Two went through his lungs and cut into his spine.

 

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