Woman’s jail term cut for lover’s murder

A Sydney woman who obeyed an order to muffle her dying lover’s screams and helped dispose of his body has had her jail sentence reduced by a Sydney appeal court.

Diana Goundar appealed against her nine-year minimum sentence for the 2007 murder of her lover Rajnesh Singh on the grounds that her husband, who carried out the fatal attack, received a shorter prison sentence than she did.

The NSW Court of Criminal Appeal on Wednesday ruled her minimum sentence should be reduced by 22 months.

The court previously heard Diana Goundar invited her lover, Rajnesh Singh, to her home at Prestons, in southwest Sydney, in February 2007, where her husband, Munesh Goundar, was waiting.

When she and Mr Singh entered the bedroom, Munesh Goundar leapt from a wardrobe and repeatedly stabbed Mr Singh in the stomach and back with a knife.

He then dragged him into a bathtub where medical experts told the trial Mr Singh probably died a long and “agonising death”.

Munesh told Diana to close the windows and curtains downstairs and turn on the radio to muffle the screams, which she did.

She then drove with her husband to the outskirts of Sydney where Mr Singh’s body was dumped from a rock ledge in bushland.

Diana Goundar pleaded guilty to Mr Singh’s murder on the grounds that she was part of a joint criminal enterprise.

She was sentenced to at least nine years’ imprisonment in August 2009.

Munesh Goundar pleaded not guilty to murder but guilty to manslaughter at his trial, which heard he had been provoked by Mr Singh, his best friend, after he discovered he was sleeping with his wife.

He was found guilty of manslaughter on the grounds of provocation by a NSW Supreme Court jury and was sentenced to at least eight years’ imprisonment in November 2010.

Lawyers for Diana Goundar argued she was “justified in feeling aggrieved at the length of her sentence when compared with that of her co-offender”.

In originally sentencing Diana Goundar, Justice Bruce James found she had acted out of fear of her husband and under his instruction.

In the appeal judgment handed down on Wednesday, the three-judge panel found there was a “remarkable disconformity” between the two sentences.

“The most significant basis for the differing sentences is probably to be found in the difference between the offences for which each offender was sentenced,” the judgment said.

“(Diana) Goundar pleaded guilty to murder. Her husband was convicted of manslaughter following a trial before a jury.”

The judges re-sentenced Diana Goundar to a minimum of seven years and two months’ imprisonment.

She will be eligible for parole in April 2014.

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