By Poppy Morandin and Jimmy Singh.
A woman has been charged with murder after allegedly fatally striking her ex-boyfriend with her SUV and pinning him against a car park wall.
44-year-old, Jackeline Musa allegedly arrived at 31-year-old Payman Thagipur’s apartment only to find him with another woman.
A witness has stated that she observed a scorned Ms Musa storm out of the apartment centre and into the carpark, with Mr Thagipur following shortly behind her. He seemed to be in argument with her, who was incredibly upset with him.
This then allegedly culminated in Ms Musa entering her vehicle and ramming it into Mr Thagipur, continuing to drive until he was mangled against the concrete wall of the car park.
Witnesses have stated that Ms Musa seemed “emotionless,” and was “calmly walking by the body”.
They have furthermore recounted that they “heard a bang and the whole concrete floor just, like, sort of shook.”
Naaz Ali, who lived next door, witnessed the whole incident remarking: “I really didn’t think that I was going to see anything like that, I was just trying to help two girls try and get into the garage.”
“The man’s body was so badly mangled…I think I just lost my mind after that.” she continued.
Police attempted to perform CPR on Mr Thagipur, however he died shortly after at the scene.
There was no documented history of violence or threats between the two.
Police have remarked they are ‘confident’ in their case, due to the whole incident being captured on CCTV.
Ms Musa was treated at Concord Hospital for a fractured wrist, believed to have been caused by the crash, before being arrested and charged with murder. She did not apply for bail when before the Parramatta Bail Court.
“The NSW Police Force takes very seriously all reports of domestic violence, and domestic violence perpetrators will be dealt with accordingly.” said Acting Superintendent Peter Glynn, the commander of Auburn Police Area Command.
Glynn described the scene as “quite chaotic and quite traumatic” noting that “a number of witnesses who were in the apartment complex called triple zero and rendered aid.”
The victim’s friends are reportedly devastated by the incident, with his close associate Samuel Azizi describing Mr Thagipur as a “gentle man” who cared for his family. They remarked that they were unaware of his connection with Ms Musa, as Thagipur had never mentioned her to them.
Thagipur’s friends allegedly grew worried after he did not return their calls. He had told him he was meeting up with a woman and would meet with them after.
Cameras captured as they arrived at the units where the grisly incident allegedly occurred, breaking down into tears.
Ms Musa’s son has remarked that he was unaware his mother had been in the relationship.
Under section 18 of the Crimes Act 1900 (NSW), an accused will be guilty of murder if the accused voluntarily did something which causes death to the alleged victim, provided the accused at the time:
- Intended to kill the victim;
- Intended to cause grievous bodily harm, which entails a really serious injury or permanent or serious disfiguring; or
- Realised the probability of the action(s) causing death (referred to as ‘reckless indifference to human life’).
In an additional potential circumstance, referred to as ‘constructive murder’, an accused will be liable if they cause death whilst committing the commission of a crime punishable by imprisonment for life or for at least 25 years.
There are numerous defences available to a murder charge including self-defence, mental health health or involuntary conduct.
In NSW, murder may entail a sentence of life imprisonment if the court is satisfied that “the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition of that sentence,” pursuant to Section 61 of the Crimes Act (Sentencing Procedure) Act 1999.
In such an assessment of culpability, a judge will evaluate the seriousness of the matter which involves the degree of premeditation, level of violence, and factors such as if elements of provocation were present, or if the defendant has previous convictions. It furthermore requires the judge to assess the victim’s prospects of being rehabilitated or any mitigating factors, which may involve considering if they have shown remorse or were mentally ill at the time of the offence.
This is in light of the fact that a life sentence is the heaviest penalty a court can impose in Australia. In the case of murder, and other offences distinguished under Section 431A of the Crimes Act 1900 (NSW), such as sexual intercourse with a child under 10, life indicates that the accused will spend the rest of their natural lives behind bars, unless a non-parole period is set.
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