An appeal against the sentence of a mother who forced her daughter to marry the man who ultimately murdered her has been dismissed. Sakina Muhammad Jan, 48, challenged her three-year prison sentence in the Victorian Court of Appeal, claiming she should be granted leniency and spared jail time. The appeal centered on arguments about the severity of the sentence and the mitigating circumstances surrounding the case.
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03-21, 2025However, the appeal was dismissed on Friday, with the court finding the sentence appropriate given the seriousness of the crime. Jan is the first person in Australia to be sentenced for causing another person to enter a forced marriage since it was criminalized in 2013. She was convicted in May 2024 of forcing her daughter, Rukia Heidari, to marry Mohammad Ali Halimi in August 2019. The court emphasized the need to deter such harmful practices and uphold the rights of vulnerable individuals.
Halimi murdered his young bride five months into their marriage and is serving a life sentence for murder. Jan's lawyer, Patrick Tehan, argued that the sentence was manifestly excessive and that the sentencing judge failed to take into account that Ms. Heidari's death was an extra-curial punishment for his client. The defense contended that the judge should have considered the emotional distress and suffering Jan experienced as a result of her daughter's tragic fate.
But Justices Karin Emerton and Lesley Taylor ruled that the judge was correct to sentence Jan to immediate imprisonment. "As a general proposition, anyone who coerces another person into a marriage against their will should expect to lose their liberty, and that must be a general expectation," the judgment reads. "The sentence actually imposed was well within the range of the sentencing judge’s discretion." Justices Emerton and Taylor asserted that forced marriage is a violation of human rights and that Jan's actions were a serious example of the offense. They highlighted the importance of sending a clear message that such behavior will not be tolerated.
They agreed that Jan was remorseful for her daughter's death and that she had no reason to think her daughter would be murdered. But they found that forced marriage carried inherent risks, so Heidari's death was "unforeseeable, but by no means fanciful." The judges refused Jan leave to appeal her sentence. Justice Christopher Boyce found Jan's sentence to be manifestly excessive, with her punishment being well beyond what was warranted. He stated that he would have resentenced her to a 12-month good behavior bond, but his decision was overturned by the majority opinion of Justices Emerton and Taylor. The contrasting opinions underscore the complexity and sensitivity surrounding cases of forced marriage and the challenges in determining appropriate sentencing.
Readers seeking support can contact Lifeline on 13 11 14 or beyond blue on 1300 22 4636. Support is also available from the National Sexual Assault, Domestic Family Violence Counselling Service on 1800RESPECT (1800 737 732). These resources provide crucial assistance to individuals affected by domestic violence, forced marriage, and related issues.
