Wife killed so she couldn't give evidence

A Sydney man, who suffocated his wife to prevent her giving evidence of sexual assault against him, has been sentenced to at least 17 years jail.

Lady Justice

A Fiji-Australian man who suffocated his estranged wife will spend at least 17 years behind bars. (AAP)

After enduring years in an abusive relationship, Rajeshwari Kumar was finally set to give evidence about sexual assault charges against her husband.

But the 47-year-old mother of three was denied that chance when Raj Kumar murdered her.

Kumar, 54, is likely to have pushed the face of his wife of more than 20 years into bedding until she stopped breathing, a court has heard.

He was sentenced to a minimum of 17 years in jail for the crime on Wednesday.

Kumar pleaded not guilty to murder and has maintained his innocence since being arrested in 2012.

In June, he was found guilty of murdering Ms Kumar at her Colyton home, in Sydney's west, in February 2012.

"This was an entirely unprovoked killing," Acting Justice Jane Mathews said at sentencing.

"His motive, almost certainly, was to prevent (Rajeshwari) from giving evidence against him on charges of sex assault."

Kumar was on bail for the charges when he killed his wife.

Justice Mathews said it was likely Kumar decided to murder his wife after seeing her at a Legal Aid office in Penrith, where she was seeking advice on the sex assault allegations.

She was murdered that afternoon, her body later discovered by police on a double bed.

Forensic tests and police investigations indicated Kumar left Legal Aid, drove to Ms Kumar's home, broke in through a window at the back and waited for her to return, a court heard.

Only Kumar knows what really happened on the day of the murder, Justice Mathews said, but it's likely Ms Kumar was strangled by having her face pushed into the bed on which she was found by police.

A tea towel with Kumar's blood was found near the smashed window and groceries which were taken from Ms Kumar's car were found in his ute.

The court also heard the couple's marriage had disintegrated and become increasingly violent.

Kumar left the family home in November 2011 after Ms Kumar took out a court order against him following a threat to "chop her into pieces" and "smash" her face, his trial heard.

He then moved in with Ms Kumar's mother, brother and other relatives, which Justice Mathews described as most unusual.

Kumar hadn't shown remorse but did have a good chance of rehabilitation and was unlikely to reoffend, she said.

He'll be eligible for parole in March 2029 after being sentenced to a maximum of 23 years.


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