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
Cases Cited: BP v R [2010] 201 A Crim R 379
Bugmy v The Queen [2013] HCA 37
Fernando [1992] 76 A Crim R
R v Groombridge (unreported 30/9/90 NSWCCA)
R v Henry [1999] 46 NSWLR 346
Category: Sentence Parties: Rex
Jirjnazi, AbdullahRepresentation: Counsel:
Solicitors:
Defence: Mr J Jiang
Mr T Guazzo ODPP
Mr Z Hajjar Millennium Lawyers
File Number(s): 2021/00194261
JUDGMENT
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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
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- AGLC
- R v Jirjnazi [2022] NSWDC 744
- Case
- [2022] NSWDC 744
- Decision Date
CaseChat Overview and Summary
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
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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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