Melbourne court rejects appeal bid for mum who forced daughter to marry killer

A mother jailed after forcing her daughter into a marriage with a man who went on to kill her has been denied the right to appeal in court.

The first person in Australia convicted under forced marriage laws has lost the right to appeal her prison sentence.

A jury found Sakina Muhammad Jan, aged 48 or 49, forced her daughter Ruqia Haidari, 21, to marry Mohammad Ali Halimi against her wishes in late 2019.

About six weeks after Ms Haidari moved to Perth to be with her husband, Ms Haidari was murdered. Halimi was jailed for life in 2021, and Jan became the first person convicted under forced marriage laws.

She was in December sentenced to three years’ prison, but with the ability to go home to Shepparton after 12 months by paying $2500 and adhering to a 24-month good behaviour bond.

Typically supported by multiple family members in court, Jan’s was excused from appearing at the Court of Appeal in Melbourne on Friday and the matter dealt with swiftly.

“Forced marriage is a serious violation of human rights,” Justices Karin Emerton and Lesley Ann Taylor said in the written decision rejecting the appeal bid.

“It must be the expectation generally that anyone who coerces another into marriage against their will lose their liberty as a result.”

Sakina Muhammad Jan, centre, was sentenced to three years prison in 2024. Picture: NewsWire / Nicki Connolly

The decision to deny her the right to appeal was not unanimous, with Justice Christopher Boyce dissenting.

Appealing the sentence, her lawyers had argued the courts made errors weighing up the sentence, including not taking into account Jan’s hard life, mental health struggles and the impact on her remaining family.

Jan’s ethnic group - the Hazaras - are a persecuted minority in Afghanistan. She was born sometime in 1976, did not get an education, was married at young age; her husband and two siblings were killed by the Taliban.

Jan fled with her family to Pakistan, spent 13 years in a refugee camp, and settled in Australia as refugees. She speaks no English.

Ruqia Haidari, right, with her friend, Abbey Gawne, left. Picture: Supplied

In the Court of Appeal decision, the justices who ruled against an appeal say Jan’s cultural and personal background, upbringing, world view and life experience were appropriately considered - countering her lawyers’ arguments.

Forced marriage was a “serious violation of human rights” and anyone guilty of coercing someone into marriage should lose their freedoms, the justices say.

The justices pointed out in their written decision that Jan’s sentence is less than half of the maximum penalty.

“While it is possible to imagine more serious examples of the offence, it also possible to imagine less serious examples.”

The sentencing judge “clearly took into account the constellation of factors personal to (Jan)” in imposing the 12-month-release-on-her-own-recognizance sentence, the judgment read.

However, in his dissenting judgement, Justice Boyce said Jan “has, in my view, been punished far beyond what was proportionate having regard to all the circumstances”.

The sentencing judge misapplied a section of the federal Crimes Act, Justice Boyce said, which relates to matters to which the courts have regard when passing sentence.

“Had the judge not reasoned as she did, greater significance would have been attributed to the applicant (Jan’s) lesser moral culpability.”

Sakina Muhammad Jan was arrested at her home in Shepparton, which has a relatively large Hazara community.

Any non-citizen who is convicted of a crime with a prison sentence of more than 12 months can be deported.

It is unclear whether Jan will be deported to Afghanistan or another country upon release from custody.

An affidavit filed by her lawyers, referenced in Friday decision, said deportation is a live issue.

“It is difficult to speculate on (Jan’s) fate if her visa is not reinstated. At best, she may be granted a protection visa which would allow her to remain in Australia as a permanent resident.

“At worst, she may be released into the community on a bridging visa R with restrictive conditions or potentially removed to a third country.”

Originally published as Melbourne court rejects appeal bid for mum who forced daughter to marry killer