R v Kelekci - [2018] NSWSC 1209

Supreme Court

New South Wales

Medium Neutral Citation: R v Kelekci [2018] NSWSC 1209
Hearing dates: 27 July 2018
Date of orders: 31 July 2018
Decision date: 31 July 2018
Jurisdiction: Common Law - Criminal
Before: N Adams J
Decision:
For the offence of hindering the discovery of evidence contrary to s 315(1)(b) of the Crimes Act 1900 (NSW), the offender is sentenced to a non-parole period of seven months commencing on 2 June 2016 and expiring on 1 January 2017 and a balance of term of four months commencing on 2 January 2017 to expire on 1 May 2017.

Catchwords: SENTENCING – remarks on sentence – offence of hindering the discovery of evidence concerning a serious indictable offence (murder) contrary to s 315(1)(b) of the Crimes Act 1900 (NSW) – plea of guilty to lesser offence on the first day of trial
Legislation Cited: Crimes Act 1900 (NSW), ss 3A, 4, 59, 315,
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 12, 44, 47, 54A
Cases Cited: Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock (2011) 244 CLR 120; [2011] HCA 39
R v Dimarelis [2017] NSWSC 1616
R v Grant [2012] NSWSC 1491
R v Hamze [2005] NSWSC 136
R v Mobbs [2005] NSWCCA 371
R v Rebel-Anne King [2018] NSWSC 643
R v Smith [2017] NSWSC 900
R v Weston [2012] NSWSC 1498
Sampson v R [2014] NSWCCA 19
Category: Sentence
Parties: Regina (Crown)
Deha Kelekci (Offender)
Representation:
Counsel:
Mr K Gilson (Crown)
Mr J Trevallion / Mr S Dayeian (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Dib and Associates Lawyers (Offender)

File Number(s): 2016/75256
Publication restriction: Nil

Judgment

HER HONOUR: On 1 May 2018, Deha Kelecki pleaded guilty on indictment to a charge contrary to s 315(1)(b) of the Crimes Act1900 (NSW) that he did hinder the discovery of evidence concerning a serious indictable offence, that being, murder. He was formally convicted at that time. He had been due to stand trial with Mr Hasan Fazlilar and Ms Rebel-Anne King on the charge of being an accessory after the fact to a murder charged against Mr Fazlilar but he pleaded guilty to the alternate count. On 3 May 2018, Ms King also pleaded guilty to the alternate charge of hindering a police investigation contrary to s 315(1)(a) of the Crimes Act and was sentenced on 11 May 2018. On 29 May 2018, Mr Fazlilar was found guilty of murder following a jury trial. He is yet to be sentenced.
The offender’s matter was stood over until 27 July 2018 for sentence at which time I reserved my decision until today.
An offence contrary to s 315(1)(b) of the Crimes Act carries a maximum penalty of seven years imprisonment. There is no standard non-parole period for the purposes of s 54A(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (the "Sentencing Act").

Agreed facts

The offender is to be sentenced on the basis of a…

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 Kelekci

Details

AGLC: R v Kelekci [2018] NSWSC 1209
Case: [2018] NSWSC 1209
Decision Date: 31 July 2018

CaseChat Overview and Summary

The case of R v Kelekci involved the defendant, Kelekci, who was charged with hindering the discovery of evidence concerning a serious indictable offence, specifically murder, under section 315(1)(b) of the Crimes Act 1900 (NSW). Kelekci entered a plea of guilty to the lesser offence on the first day of his trial. The matter was heard and determined in the District Court of New South Wales.

The primary legal issue before the court was to determine an appropriate sentence for Kelekci, considering his guilty plea on the first day of trial and the nature of the offence he had committed. The court was required to balance the gravity of the offence against the mitigating factors presented, including the defendant's early guilty plea. Additionally, the court needed to ensure that the sentence imposed would serve the purposes of punishment, deterrence, and rehabilitation.

The court, in delivering its judgment, acknowledged the significant gravity of the offence, given its connection to a murder case. However, the judge also considered the defendant's early guilty plea as a mitigating factor. After weighing these factors, the court determined that the appropriate sentence would be one that reflected both the seriousness of the offence and the defendant's cooperation with the court process. The sentence was ultimately set to reflect these considerations, ensuring it met the objectives of punishment, deterrence, and rehabilitation.

The court ordered that the defendant, Kelekci, be sentenced to a term of imprisonment with specific details regarding the length and conditions of the sentence. The precise details of the sentence were left to be determined in accordance with the sentencing principles outlined in the case law and statutory guidelines.

Orders