A mother, Sakina Muhammad Jan, 48, has lost her appeal against a three-year prison sentence for coercing her daughter into a marriage that ended tragically with the daughter’s murder. Jan challenged her sentencing in the Victorian Court of Appeal, arguing for clemency; however, her appeal was dismissed due to the severity of her crime.
The case stemmed from Jan’s conviction in May 2024 for forcing her daughter, Ruqia Haidari, to marry Mohammad Ali Halimi in August 2019. Just five months later, Halimi murdered Haidari and is now serving a life sentence for his crime. Jan’s lawyers argued that her sentence was excessively harsh, claiming that Haidari’s death felt like a form of punishment for Jan, and should have been taken into account.
However, Justices Karin Emerton and Lesley Taylor upheld the original decision, emphasising that forcing someone into marriage is a serious violation of human rights, deserving substantial punishment. They stated that anyone guilty of such coercion should anticipate losing their freedom. The justices found that while Jan showed remorse, the inherent risks associated with forced marriages make such outcomes plausible, thus Jan’s actions contributed directly to a grave situation.
Despite one Justice, Christopher Boyce, viewing the penalty as excessive and considering a more lenient sentence, his opinion did not prevail. The majority firmly positioned that the initial sentence was justified and underscored the critical nature of the offence in light of its consequences. Jan’s appeal for a more lenient sentence was denied, and support resources for those affected by domestic violence were provided at the end of the ruling.
This case marks Jan as the first individual in Australia sentenced under the forced marriage laws established in 2013, highlighting the legal system’s commitment to combatting such practices.