R v Dogan

[2022] NSWDC 391

District Court

New South Wales

Medium Neutral Citation:

R v Dogan [2022] NSWDC 391

Hearing dates:

14 July 2022

Date of orders:

2 September 2022

Decision date:

02 September 2022

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Aggregate sentence to be served by way of Intensive Correction Order. For orders see [84].

Catchwords:

SENTENCE – stalk/intimidate intend fear physical etc harm (personal) – common assault – detention application – destroy or damage property – use offensive weapon with intent to commit indictable offence.

Legislation Cited:

Crimes (Domestic and Personal Violence) Act 2007

Crimes (Sentencing Procedure) Act 1999

Crimes Act 1900

Cases Cited:

Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Mandranis v R (2021) 289 A Crim R; [2021] NSWCCA 97 260

R v Edelbi (2021) 105 NSWLR 133; [2021] NSWCCA 122

R v Henry [1999] NSWCCA 111

R v Pullen (2018) 275 A Crim R 509; [2018] NSWCCA 264

R v Van Ryn [2016] NSWCCA 1

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Ulas Dogan (Offender)

Representation:

M. Romelingh (Crown)
E. Srour (Offender)

File Number(s):

2021/00179695

Publication restriction:

Nil.

REMARKS ON SENTENCE

1. The offender who was born on 23 March 1990 is to be sentenced in respect of the following three offences, to which he entered pleas of guilty in the Local Court:

Sequence 7 – use offensive weapon with intent to commit indictable offence pursuant to s 33B(1)(a) of the Crimes Act 1900. The maximum penalty prescribed for this offence is 12 years imprisonment.

Sequence 3 – stalk/intimidate/intend fear physical etc harm pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty prescribed for this offence is 5 years imprisonment and/or 50 penalty units.

Sequence 2 – common assault pursuant to s 61 of the Crimes Act 1900. The maximum penalty prescribed is two years imprisonment.

There is no standard non-parole period prescribed for any of the three offences.

2. The offender has admitted his guilt and asked to be taken into account three offences on a Form 1 attached to sequence two. The offences are as follows:

Sequence 4 – common assault pursuant to s 61 of the Crimes Act 1900.

Sequence 5 – common assault pursuant to s 61 of the Crimes Act 1900.

Sequence 6 – common assault pursuant to s 61 of the Crimes Act 1900.

3. The offender has also admitted his guilt and asked to be taken into account on sentence the following matter on a Form 1 attached to sequence 7:

Sequence 1 – destroy or damage property pursuant to s 195(1)(a) of the Crimes Act 1900. The maximum penalty prescribed for this offence is 5 years imprisonment.

The sentence hearing

4. The sentence hearing took place on 14 July 2022. The Crown Sentence Summary became Exhibit A and it included agreed facts on sentence which may be summarised as follows.

5. The victim was driving his vehicle…