SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | The Queen v Ferhat Michael Kilicaslan |
Citation: | [2015] ACTSC 39 |
Hearing Date(s): | 13 February 2015 |
DecisionDate: | 13 February 2015 |
Before: | Refshauge J |
Decision: | 1. Ferhat Michael Kilicaslan be convicted of, on 13 November 2013, possessing methylamphetamine for supply. 2. Ferhat Michael Kilicaslan be sentenced to 12 months imprisonment, to commence on 10 August 2016, cumulative as to four months on the sentence he is currently serving. 3. Ferhat Michael Kilicaslan be convicted of possessing ammunition, on 13 November 2013, without authority. 4. Ferhat Michael Kilicaslan be fined $400 payable forthwith, with s 116ZP of the Crime Sentence Administration Act 2005 (ACT) to apply to that fine. 5. Ferhat Michael Kilicaslan be convicted of possessing a gun barrel, on 13 November 2013, without authority. 6. Ferhat Michael Kilicaslan be fined $1000 payable forthwith, with s 116ZP of the Crime Sentence Administration Act 2005 (ACT) to apply to that fine. 7. Ferhat Michael Kilicaslan be convicted of possession of heroin on 13 November 2013. 8. Ferhat Michael Kilicaslan be sentenced to imprisonment for six months, to commence on 10 April 2017, cumulative on the sentence for possession of methylamphetamine for supply as to two months. 9. A new non-parole period be set to start on 10 October 2012 and to end on 9 April 2015. 10. The charge of possession of goods, reasonably suspected of being stolen, be dismissed. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sentence - Possession of a drug of dependence – Possession of a drug of dependence for sale or supply – Unauthorised possession of ammunition – Unauthorised possession of a barrel for a firearm – Breach of deferred sentence order – Offender seeking rehabilitation |
Legislation Cited: | Crime Sentence Administration Act 2005 (ACT), s116ZP Crime Sentencing Act 2005 (ACT), ss 7, 66 |
Cases Cited: | R v Kilicaslan, unreported, ACTSC, SCC 195 of 2012, Penfold J, 22 July 2013 |
Parties: | The Queen (Crown) Ferhat Michael Kilicaslan (Accused) |
Representation: | Counsel Mr S McLaughlin (Crown) Mr H Jorgensen (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Accused) | |
File Number(s): | SCC 63 of 2014 SCC 64 of 2014 |
Refshauge J:
The abuse of drugs, especially illicit drugs, is a serious social problem blighting the lives of the abusers, who, as addicts, lose much of their ability to live active lives of which they can be proud. It can have a devastating impact on their families and often spawns crimes, as the addict’s demand for drugs leads them to prey on the property of working members of our community. It is, therefore, not surprising that the legislature have tried…
Continue reading R v Kilicaslan
Sign in free to access the full text
- AGLC
- R v Kilicaslan [2015] ACTSC 39
- Case
- [2015] ACTSC 39
- Decision Date
CaseChat Overview and Summary
The court needed to resolve several legal issues, including the appropriate sentence for each offence and whether the sentences should be served concurrently or cumulatively. The defence argued that Kilicaslan was seeking rehabilitation and had shown remorse, which could potentially mitigate the severity of the sentence. The prosecution, however, argued for a sentence that reflected the seriousness of the offences and the risk posed to the community by the defendant's illegal activities.
In delivering the judgment, the court considered the nature and circumstances of each offence, the defendant’s criminal history, and the principles of sentencing. The court found Kilicaslan guilty on all counts except for the charge related to possession of goods reasonably suspected of being stolen. The court imposed a total sentence of 18 months imprisonment, with specific terms for the non-parole period. Additionally, the court ordered fines for the unauthorised possession of ammunition and the gun barrel. The court noted the defendant’s willingness to rehabilitate and his lack of a prior criminal record, which influenced the decision to set a new non-parole period.
The final orders of the court were that Ferhat Michael Kilicaslan be convicted and sentenced as detailed in the orders section of the judgment. The court dismissed the charge regarding the possession of goods reasonably suspected of being stolen, reflecting the evidence presented during the trial.
Orders
Orders of the court
1. Ferhat Michael Kilicaslan be convicted of, on 13 November 2013, possessing methylamphetamine for supply.
2. Ferhat Michael Kilicaslan be sentenced to 12 months imprisonment, to commence on 10 August 2016, cumulative as to four months on the sentence he is currently serving.
3. Ferhat Michael Kilicaslan be convicted of possessing ammunition, on 13 November 2013, without authority.
4. Ferhat Michael Kilicaslan be fined $400 payable forthwith, with s 116ZP of the Crime Sentence Administration Act 2005 (ACT) to apply to that fine.
5. Ferhat Michael Kilicaslan be convicted of possessing a gun barrel, on 13 November 2013, without authority.
6. Ferhat Michael Kilicaslan be fined $1000 payable forthwith, with s 116ZP of the Crime Sentence Administration Act 2005 (ACT) to apply to that fine.
7. Ferhat Michael Kilicaslan be convicted of possession of heroin on 13 November 2013.
8. Ferhat Michael Kilicaslan be sentenced to imprisonment for six months, to commence on 10 April 2017, cumulative on the sentence for possession of methylamphetamine for supply as to two months.
9. A new non-parole period be set to start on 10 October 2012 and to end on 9 April 2015.
10. The charge of possession of goods, reasonably suspected of being stolen, be dismissed.
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.