Found Deceased Australia - Sanaya Sahib, 15 mos, Heidelberg West, Vic, 9 April 2016 *Arrest*

[tmar]

The mother of a missing toddler reportedly told police that a man pushed her to the ground before abducting her child and running away in Melbourne's north.

Channels Nine and Seven reported that her mother ran to her home sobbing and hysterical and told relatives that she had been walking in the park when a man pushed her to the ground, snatched her daughter, and fled.
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Inspector Paul Tymms said police were keeping an open mind about what had happened to the missing child and would not confirm the media reports.


Read more: http://www.theage.com.au/victoria/p...-west-park-20160409-go2gpa.html#ixzz45JLRcxNl
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When I initially heard this,I avoided the area, as previously would constantly walk my dog there: so many lovely open areas where an abduction could easily occur.
However within days, we all heard about the shocking arrest!!!! :thinking:

 

[tmar]

Sharnelle Vella‏Verified account @SharnelleVella
44 minutes ago

Sofina Nikat will walk free from Supreme Court on a 12 month community corrections order after pleading guilty to killing her baby girl. Judge has accepted 529 days already served on remand. Max was five years. @7NewsMelbourne
https://pbs.twimg.com/media/DPRkzClVwAAuHGf.jpg

Jayde Vincent‏Verified account @JaydeVincent
47 minutes ago

No Jail: Sofina Nikat sentenced to community corrections order for killing her 15 month old daughter Sanaya at Heidelberg West @9NewsMelb

WHAT!!!!! YUK!!!! Unbelievable.

 

[Fuskier]

http://www.theage.com.au/victoria/m...h-spared-extra-jail-time-20171123-gzr7lp.html

November 23 2017 - 1:33PM

Mother who smothered daughter to death spared extra jail time
by Adam Cooper

Sofina Nikat pleaded guilty to infanticide after prosecutors accepted she was mentally unwell at the time and withdrew the charge of murder.

The Supreme Court heard she was mentally unwell when she killed her daughter. Justice Lex Lasry ordered that she undergo mental-health treatment.

Justice Lasry said Nikat had depression when she killed Sanaya, and was socially and culturally isolated.
The court previously heard that Nikat had been a victim of domestic violence during her marriage to Sanaya's father, Sameer Sahib.

 

[freeze]

Some updates,

The mother has been convicted of the murder and let off with a a 12-month community corrections order bond due to "mental illness" says she believed the child was possessed.


Sofina Nikat killed daughter Sanaya Sahib in Melbourne park because ...

Sofina Nikat who killed daughter Sanaya Sahib sentenced to ...

 

[JLZ]

Some updates,

The mother has been convicted of the murder and let off with a a 12-month community corrections order bond due to "mental illness" says she believed the child was possessed.


Sofina Nikat killed daughter Sanaya Sahib in Melbourne park because ...

Sofina Nikat who killed daughter Sanaya Sahib sentenced to ...

Convicted of infanticide, not murder.

In Victoria, the charge of infanticide carries a maximum sentence of five years imprisonment, however it is believed no Victorian woman has been jailed for infanticide. A murder accused is up for 25 years behind bars.

The charge can only be applied to a woman — a mother — who “carried out conduct that causes the death of her child (under two) in circumstances that would constitute murder”, and, whose balance of mind is disturbed because she’s either not recovered from the effect of giving birth, or as a result of “a disorder consequent on her giving birth to that child”. http://www.news.com.au/national/vic...r/news-story/3c192d7f99f599e62910f874792eec58

 

[symbah]

Convicted of infanticide, not murder.

In Victoria, the charge of infanticide carries a maximum sentence of five years imprisonment, however it is believed no Victorian woman has been jailed for infanticide. A murder accused is up for 25 years behind bars.

The charge can only be applied to a woman — a mother — who “carried out conduct that causes the death of her child (under two) in circumstances that would constitute murder”, and, whose balance of mind is disturbed because she’s either not recovered from the effect of giving birth, or as a result of “a disorder consequent on her giving birth to that child”. http://www.news.com.au/national/vic...r/news-story/3c192d7f99f599e62910f874792eec58

Since that March '17 article there has been the case of Akon Guode who was sentenced in Victoria in May '17 by Justice Lasry who imposed a 12mth jail term for infanticide as part of a 26 1/2 year jail term.

http://www.starweekly.com.au/news/lake-killer-mum-akon-guode-jailed-for-at-least-20-years/

 

[JLZ]

Since that March '17 article there has been the case of Akon Guode who was sentenced in Victoria in May '17 by Justice Lasry who imposed a 12mth jail term for infanticide as part of a 26 1/2 year jail term.

http://www.starweekly.com.au/news/lake-killer-mum-akon-guode-jailed-for-at-least-20-years/

How strange the effect of infanticide law there. If Guode's mind was deranged by the recent birth, and that was the reason she killed the baby, it was also the reason she killed the four-year-olds. Same mind, same killing event. Yet it was infanticide and a twelve-month sentence for the one, and murder for the others. I guess the makers of infanticide law assumed that a baby was not capable of suffering as much as an older child would.

 

[symbah]

How strange the effect of infanticide law there. If Guode's mind was deranged by the recent birth, and that was the reason she killed the baby, it was also the reason she killed the four-year-olds. Same mind, same killing event. Yet it was infanticide and a twelve-month sentence for the one, and murder for the others. I guess the makers of infanticide law assumed that a baby was not capable of suffering as much as an older child would.

And yet if Akon Goude was in NSW or Tasmania, infantcide would not of applied as little Bol was 16mths old.
And infanticide is not recognised in SA, WA, QLD and the NT.

http://www.benaulich.com.au/news/criminal-law/infanticide-australia-mothers-kill/

April 10, 2017 4:20 pmCategories: Criminal Law

Infanticide is the term used in law to describe the killing of an infant by its mother who was, at the time of the offence, suffering from a mental illness associated with the birth of the child.The offence of infanticide has a close relationship to the offences of murder and manslaughter, and is only recognised in three Australian jurisdictions.In New South Wales and Tasmania, the offence of infanticide carries the same maximum punishment as manslaughter. In these jurisdictions, the child killed must be under 12 months.In Victoria, the offence carries a maximum punishment of 5 years imprisonment and the child killed must be under 2 years.​

 

[symbah]

PUBLISHED: 01:24 AEDT, 18 March 2018 | UPDATED: 01:33 AEDT, 18 March 2018

A young mother who smothered her 14-month-old baby to death before disposing of the body in a creek has avoided deportation.

Sofina Nikat was charged with murdering Sanaya in April 2016 but will continue to walk free in Australia after the federal government rejected the call to deport the mother back to Fiji.

The 24-year-old was sentenced to a 12-month community correction order by the Victorian Supreme Court after being convicted of infanticide.

Nikat, who spent 529 days in custody on remand, will remain in the country after not qualifying to have her visa automatically cancelled, The Herald Sun reported.

The mother has a lack of criminal history and suffered from post-natal depression where she believed her tiny daughter was 'possessed' by evil spirits.

Home Affairs Minister Peter Dutton did not decide to keep Nikat in Australia but was satisfied by the departmental delegate's settlement, according to the publication.

More at:
http://www.dailymail.co.uk/news/art...killed-baby-avoids-deportation-Australia.html