R v Jirjnazi - [2022] NSWDC 744

District Court

New South Wales

Medium Neutral Citation: R v Jirjnazi [2022] NSWDC 744
Hearing dates: 14 December 2022
Decision date: 15 December 2022
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
1. The offender is convicted of the offence.
2. There being no other appropriate penalty, I impose a sentence of imprisonment for 2 years.
3. Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the Court directs the sentence to be served by way of an Intensive Corrections Order commencing today.
4. The offender is to report to the OIC at the Bankstown office of CCS by 4 p.m. on Friday 16 December 2022.
5. The conditions to apply during the term of the order are as follows:
STANDARD CONDITIONS
a. You must not commit any offence.
b. The offender is to be placed under the supervision and guidance of the Community Corrective Services for as long as that Service deems necessary or desirable, but not exceeding the term of the order and the offender is to obey all reasonable directions of that Service (including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis) whilst under supervision and guidance, and which should include.
• Continued engagement with his psychologist to address his risk factors and overall mental health stability, including anti-social attitudes and associates, as well as coping skills including working towards employment options.
• Referral to Youth off the Streets if he is struggling with housing and financial issues.
• Referral to the EQUIPS Foundation Program
• Participation in behavioural change interventions (PGI) exercises targeting self-awareness and pro social lifestyle.
c. Undertake rehabilitation or treatment program/s as directed by Community Corrections.
d. Abstain from the consumption of alcohol and illicit drugs/prescription drugs not prescribed for him.

Catchwords:
CRIMINAL – Sentence – aggravated break and enter & commit serious indictable offence, assault with intent to rob - offences committed in company with unknown co-offender – “the wrong house” – apology to victim acknowledgment, not remorse – “serious home invasion, premeditated and planned” – violence, two young children present – discount for plea – offences committed while on bail – cases – Henry guidelines - subjective matters

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
BP v R [2010] 201 A Crim R 379
Bugmy v The Queen [2013] HCA 37
Fernando [1992] 76 A Crim R
Pulitano v R [2010] NSWCCA 45
R v Groombridge (unreported 30/9/90 NSWCCA)
R v Henry [1999] 46 NSWLR 346
R v Pullen [2018] NSWCCA 264
R v Speeding [2001] NSWCCA 105

Category: Sentence
Parties: Rex
Jirjnazi, Abdullah
Representation:
Counsel:
Defence: Mr J Jiang
Solicitors:
Mr T Guazzo ODPP
Mr Z Hajjar Millennium Lawyers

File Number(s): 2021/00194261

JUDGMENT

HIS HONOUR: Abdullah Jirjnazi appears for sentence in respect of a single offence, being an offence of aggravated in company break, enter and commit serious indictable offence, assault with intent to rob armed with an offensive weapon contrary to s 112(2) of the Crimes Act

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Jirjnazi

Details

AGLC: R v Jirjnazi [2022] NSWDC 744
Case: [2022] NSWDC 744
Decision Date: 15 December 2022

CaseChat Overview and Summary

The appellant, R, was convicted of aggravated break and enter and commit serious indictable offence, as well as assault with intent to rob, while in the company of an unknown co-offender. The victim's home was mistakenly targeted, leading to the phrase "the wrong house." The offender expressed an apology to the victim, which was acknowledged but not considered an expression of remorse. The incident involved a serious home invasion, which was premeditated and planned, and included violence in the presence of two young children. The offender was sentenced while on bail. This case involved determining the appropriate penalty and sentence, including any discounts for a plea, as well as considering the guidelines set forth by the Henry case for Intensive Corrections Orders. The court considered these factors in reaching its decision.

The legal issues before the court involved the appropriate penalty and sentence for the offences committed. The court had to consider the nature of the offences, the circumstances in which they were committed, and the offender's background and circumstances. The court also had to consider any discounts for the offender's plea and the guidelines set forth in the Henry case for Intensive Corrections Orders. Additionally, the court had to consider the appropriate conditions for the Intensive Corrections Order, including continued engagement with the offender's psychologist, referrals to other programs, and participation in behavioural change interventions.

The court found that the offences were serious and premeditated, involving violence in the presence of children. However, the offender had shown some remorse through his apology to the victim, and there was a discount for his plea. The court also considered the offender's background and circumstances, including his mental health stability and risk factors. The court determined that an Intensive Corrections Order was the most appropriate penalty and sentence, and set out specific conditions for the order, including continued engagement with the offender's psychologist and referrals to other programs. The court also ordered that the sentence be served by way of the Intensive Corrections Order.

The court ordered that the offender be convicted of the offence, and that the sentence be imprisonment for two years, to be served by way of an Intensive Corrections Order. The court set out specific conditions for the order, including continued engagement with the offender's psychologist, referrals to other programs, and participation in behavioural change interventions. The court also ordered that the offender report to the Office of Correctional Services by a specified time and date.

Orders

Orders of the court

1. The offender is convicted of the offence.

2. There being no other appropriate penalty, I impose a sentence of imprisonment for 2 years.

3. Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the Court directs the sentence to be served by way of an Intensive Corrections Order commencing today.

4. The offender is to report to the OIC at the Bankstown office of CCS by 4 p.m. on Friday 16 December 2022.

5. The conditions to apply during the term of the order are as follows:

STANDARD CONDITIONS

a. You must not commit any offence.

b. The offender is to be placed under the supervision and guidance of the Community Corrective Services for as long as that Service deems necessary or desirable, but not exceeding the term of the order and the offender is to obey all reasonable directions of that Service (including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis) whilst under supervision and guidance, and which should include.

• Continued engagement with his psychologist to address his risk factors and overall mental health stability, including anti-social attitudes and associates, as well as coping skills including working towards employment options.

• Referral to Youth off the Streets if he is struggling with housing and financial issues.

• Referral to the EQUIPS Foundation Program

• Participation in behavioural change interventions (PGI) exercises targeting self-awareness and pro social lifestyle.

c. Undertake rehabilitation or treatment program/s as directed by Community Corrections.

d. Abstain from the consumption of alcohol and illicit drugs/prescription drugs not prescribed for him.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Jirjnazi [2022] NSWDC 744
Hearing dates:	14 December 2022
Decision date:	15 December 2022
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	1. The offender is convicted of the offence. 2. There being no other appropriate penalty, I impose a sentence of imprisonment for 2 years. 3. Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the Court directs the sentence to be served by way of an Intensive Corrections Order commencing today. 4. The offender is to report to the OIC at the Bankstown office of CCS by 4 p.m. on Friday 16 December 2022. 5. The conditions to apply during the term of the order are as follows: STANDARD CONDITIONS a. You must not commit any offence. b. The offender is to be placed under the supervision and guidance of the Community Corrective Services for as long as that Service deems necessary or desirable, but not exceeding the term of the order and the offender is to obey all reasonable directions of that Service (including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis) whilst under supervision and guidance, and which should include. • Continued engagement with his psychologist to address his risk factors and overall mental health stability, including anti-social attitudes and associates, as well as coping skills including working towards employment options. • Referral to Youth off the Streets if he is struggling with housing and financial issues. • Referral to the EQUIPS Foundation Program • Participation in behavioural change interventions (PGI) exercises targeting self-awareness and pro social lifestyle. c. Undertake rehabilitation or treatment program/s as directed by Community Corrections. d. Abstain from the consumption of alcohol and illicit drugs/prescription drugs not prescribed for him.
Catchwords:	CRIMINAL – Sentence – aggravated break and enter & commit serious indictable offence, assault with intent to rob - offences committed in company with unknown co-offender – “the wrong house” – apology to victim acknowledgment, not remorse – “serious home invasion, premeditated and planned” – violence, two young children present – discount for plea – offences committed while on bail – cases – Henry guidelines - subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	BP v R [2010] 201 A Crim R 379 Bugmy v The Queen [2013] HCA 37 Fernando [1992] 76 A Crim R Pulitano v R [2010] NSWCCA 45 R v Groombridge (unreported 30/9/90 NSWCCA) R v Henry [1999] 46 NSWLR 346 R v Pullen [2018] NSWCCA 264 R v Speeding [2001] NSWCCA 105
Category:	Sentence
Parties:	Rex Jirjnazi, Abdullah
Representation:	Counsel: Defence: Mr J Jiang Solicitors: Mr T Guazzo ODPP Mr Z Hajjar Millennium Lawyers
File Number(s):	2021/00194261