DPP v Nan [2019] VCC 1035

Sentence summary: Aggravated burglary

A man has been jailed for stabbing his ex-wife after stalking her across state borders.

Urvashi Nan was jailed for four and a half years with a non-parole period of three years after he was found guilty by a jury of aggravated burglary and one charge of intentionally causing serious injury.

The Court heard the offender had entered the victim's bedroom while she slept in the morning of April 2017, after she had finished work and had taken their children to school.

An argument began when the offender was confronted for entering the victim's home, where she was staying with her sister.

The victim had fled to Victoria from Western Australia, where she had previously been living with the offender.

However, the offender managed to track down the victim's new address, appearing outside her new residence to try and convince her to get back with him.

The offender was told to leave repeatedly and was kicked out of the home but soon after re-entered.

He found the victim in bed and put his hand over her mouth, before stabbing her in the back with a kitchen knife.

"She turned on the bed and saw and felt blood, and saw you standing at the side of the bed, holding a knife with blood on it," the sentencing judge said.

In order to prevent a further attack, the victim ran to the safety of her neighbour, who called the police and rushed the victim to hospital.

The presiding judge said although the victim had not wanted her impact statement read out, that she was "frightened and deeply affected by your actions and violence towards her … and is doing all she can to build a secure future for herself and the children," the judge said.

In considering the sentence, the judge said there were many aggravating factors that meant a custodial sentence was the only appropriate outcome.

"I regard the fact that you re-entered the unit in defiance of her locking you out, as a serious aspect of the circumstances," the judge said.

"As was your picking up of a knife to use as a weapon, then on finding her in the particularly vulnerable position of being asleep on her bed, you proceeded to harm her in that position."

Mitigating factors included a diagnosis of depression stemming from the sudden end of his marriage and not being able to see his children and no prior criminal history.

It was also accepted that the offender had struggled to find a new life since moving to Australia from India, having come from a comfortable background in India but was left struggling for work in his new country.

Note: Urvashi Nan is a pseudonym.

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Page last updated: 8 December 2020