CITATION: R v Abdullah TERKMANI [2008] NSWDC 358
JUDGMENT DATE:
14 November 2008JURISDICTION: District Court of New South Wales JUDGMENT OF: Cogswell SC DCJ DECISION: Non-parole period of 2 years. Balance of term of 2 years.
NB : THIS SENTENCE WAS APPEALED. PLEASE SEE R V TERKMANI [2009] NSWCCA 142.CATCHWORDS: CRIMINAL LAW - sentence - found guilty by jury - aggravated break enter and commit serious indictable offence - standard non-parole period - circumstances of aggravation including offender being in company, offender knowing there were persons in the house, offender armed with an offensive weapon, offence planned - age as mitigating factor - prospects of rehabilitation - whether or not within the middle of the range of objective seriousness LEGISLATION CITED: Crimes Act 1900 s 112(2)
Crimes (Sentencing Procedure) Act 1999 s 21ACASES CITED: Regina v Way (2004) 60 NSWLR 168
Regina v Joel Tory, Regina v Luke Tory [2006] NSWCCA 18
Regina v Millar [2005] NSWCCA 202
Regina v Price [2005] NSWCCA 285PARTIES: Regina
Abdullah TerkmaniFILE NUMBER(S): 2007/14794 SOLICITORS: Director of Public Prosecutions
Jn Legal
JUDGMENT
HIS HONOUR: Mr Terkmani I am going to sentence you now. First I give my reasons which will take twenty minutes or so. I read out why I am reaching the decision that I am and then at the end of that I will sentence you and you will hear what the sentence is. Do you understand that?
OFFENDER: Yes.
HIS HONOUR: And I do not tell you in advance what the sentence is because I want you to listen to the reasons.
1. I am sentencing Abdullah Terkmani for a very serious crime. The crime is aggravated break enter and commit serious indictable offence. The serious indictable offence is an assault occasioning actual bodily harm. The crime is against s 112(2) of the Crimes Act 1900. The crime carries a maximum sentence fixed by Parliament of fourteen years imprisonment. Not only that, Parliament has fixed to this crime what is called a standard non-parole period. The standard non-parole period for this crime is five years.
2. The main issue that I need to resolve in sentencing Mr Terkmani is whether or not I apply the standard non-parole period.
3. First I need to say what happened to bring about Mr Terkmani being charged with this crime. It was about 7.30 on the night of 15 December 2004. Dean Phillips was at home with a friend, Kristina Wren. Mr Phillips’ house - mate, Anthony Halliwell, was away for the weekend. Mr Phillips heard the front door bell ring. He ignored it. It kept ringing. Mr Phillips looked through the front window and saw a man - the jury found beyond reasonable doubt it was Abdullah Terkmani - standing outside the house. He was standing there with somebody else. Mr Phillips recognised neither of them. The men were demanding to know where Tony Halliwell was. Mr Phillips told them to go away and that he was going to…
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- AGLC
- R v Abdullah Terkmani [2008] NSWDC 358
- Case
- [2008] NSWDC 358
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the standard non-parole period was appropriate, given the circumstances of aggravation, and whether any mitigating factors warranted a reduction in the sentence. The court considered factors such as the offender being in company, knowing there were persons in the house, being armed with an offensive weapon, and the offence being planned. The age of the offender and his prospects of rehabilitation were also considered as mitigating factors. The court had to determine whether the sentence was within the middle of the range of objective seriousness.
In delivering the judgment, the court found that the circumstances of aggravation warranted a sentence within the middle of the range of objective seriousness. However, the mitigating factors, particularly the age of the offender and his prospects of rehabilitation, warranted a reduction in the sentence. The court ultimately determined a non-parole period of 2 years, with the balance of the term being 2 years. The sentence was considered appropriate given the totality of the circumstances.
The final orders of the court were for the defendant to serve a non-parole period of 2 years, with the balance of the term being 2 years. It is noted that this sentence was later appealed, as evidenced by the subsequent case of R v Terkmani [2009] NSWCCA 142.
Orders
Orders of the court
Non-parole period of 2 years. Balance of term of 2 years.
NB : THIS SENTENCE WAS APPEALED. PLEASE SEE R V TERKMANI [2009] NSWCCA 142.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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