R v Gogani

[2013] NSWDC 280

District Court

New South Wales

Medium Neutral Citation:

R v Gogani [2013] NSWDC 280

Hearing dates:

26/07/2013; 09/08/2013

Decision date:

09 August 2013

Before:

S Norrish QC

Decision:

Count 1 - Sentenced to a term of imprisonment of 7 years and 6 months with a non parole period of 4 years and 9 months.

Count 2 - Sentenced to a term of imprisonment of 1 year and 6 months.

Catchwords:

CRIMINAL - Sentence after trial - conspiracy to break and enter and commit serious indictable offence, larceny - lack of contrition - special circumstances.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Pearce v The Queen (1998) 194 CLR 610
Postiglione v R [1997] HCA 26
Jimmey v R [2010] NSWCCA 60
R v Hemsley [2004] NSWCCA 228
R v De La Rosa [2010] NSWCCA 194
Henry v R (1999) 46 NSWLR 346
R v Callaghan (2006) 160 A Crim R 145
Pettersen v R [2013] NSWCCA 20
Green v The Queen [2011] HCA 49, (2011) 244 CLR 462
Markarian v The Queen [2005] HCA 25

Category:

Sentence

Parties:

Crown
Yashir Gogani - offender

Representation:

Ms C Dobraszczyk - Crown
Mr Healy - offender
Director of Public Prosecutions
Phillip Ryan Solicitors - offender

File Number(s):

2011/00287337

sentence

1. HIS HONOUR: Yashar Gogani appears today for sentence in relation to two charges to which he pleaded not guilty at trial, but in respect of which he was found guilty by a jury in May this year. The first count alleges that he, between 27 January 2011 and 22 March 2011 at Sydney in the State of New South Wales, conspired with Neil Pettersen, Terry Faumuina and other unknown persons to break and enter the premises of Perfume Network of Australia Pty Ltd situated at 142 James Ruse Drive, Rosehill and to commit a serious indictable offence therein, namely larceny, in circumstances of aggravation, namely in company with Neil Pettersen, Terry Faumuina and other unknown persons. The second count on the indictment alleged that he, on or about 20 March 2011 at Rosehill in the State of New South Wales did steal an Isuzu truck, registration BB58UH, the property of Jamil El Helwa.

1. In relation to the conspiracy offence, this is an offence at common law and the maximum penalty is described by the Crown as being at large. I note at this early stage that I sentenced the co-accused, Mr Pettersen, last year, who appealed to the Court of Criminal Appeal and the appropriate maximum penalty or, alternatively, the appropriate considerations to determining an appropriate penalty for that offence in the context of it being a common law offence, were discussed in that judgment. I adopt, obviously, that Court's reasoning, bearing in mind of course that it relates directly to the very matter for which I must sentence this prisoner. Count 2 in the indictment carries a maximum penalty of five years imprisonment. There is no standard non-parole period for either count.

1. Mr Pettersen, as I mentioned, had been sentenced…