District Court
New South Wales
Medium Neutral Citation: R v Najman [2019] NSWDC 580 Hearing dates: 22 July 2019 Date of orders: 22 July 2019 Decision date: 22 July 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 2 years 6 months with a non-parole period of 1 year 8 months
Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence
SENTENCING — Commencement — Pre-sentence custody period
SENTENCING — Non-parole period — Principles to be appliedLegislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: Borkowski [2009] NSWCCA 102
Bugmy (2013) 249 CLR 571
Callaghan (2006) NSWCCA 58
R v Qutami [2001] NSWCCA 353
SZ v Regina [2007] NSWCCA 19Category: Sentence Parties: Regina (Crown)
Qajin Najman (Offender)Representation: Peter Clayton (Crown)
Director of Public Prosecutions (NSW) (Crown)
Ed Anderson (counsel) (Offender)
Blaxland Criminal Law (Offender)
File Number(s): 2017/00126578 Publication restriction: Non-publication order re confidential material
EX TEMPORE REVISED JUDGEMENT
INTRODUCTION
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Qajin Najman is now 24 years of age and pleaded guilty upon arraignment in this Court to an offence contrary to s 113(2) Crimes Act 1900 expressed thus: that she on 26 April 2017 at Wentworth Point in the State of New South Wales did break and enter a dwelling house, the property of TP at Corniche Drive with intent to commit a serious indictable offence inside those premises, namely larceny, in circumstances of aggravation, namely, being in company.
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An offence contrary to s 113(2) Crimes Act 1900 carries the maximum penalty of imprisonment for 14 years. There is no standard non-parole period for the purposes of Pt 4 Div 1A Crimes (Sentencing Procedure) Act 1999.
THE PLEA
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Although the offender pleaded guilty upon arraignment, against the history of the proceedings through the Local Court and then this Court and the concurrent negotiations between the Crown and those representing her, it is as the Crown concedes appropriate to allow her a discount of 25% for the utility provided by the plea of guilty. The conduct in which she participated included a much broader range of criminality but in respect of it she could not ever be held responsible on the material that I have before me. The product of her participation in the early stages of the investigation led to the commencement of proceedings against her for an offence contrary to s 33A(1)(a) Crimes Act 1900 together with an offence contrary to s 112(3) of that Act. It will be clear from the facts that the evidence available to the Crown could not establish an offence contrary to s 33A(1)(a) Crimes Act 1900 and refinement of her participation to the offence of dishonesty ultimately led to the presentation upon the indictment to which she pleaded guilty to that charge.
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At all times throughout the Local Court proceedings and in this Court it has been her wish to plead guilty to the wrongdoing upon which she was embarked and when given the opportunity to take that…
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- AGLC
- R v Najman [2019] NSWDC 580
- Case
- [2019] NSWDC 580
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the calculation of the commencement date for the defendant's sentence and the appropriate length of the non-parole period. The court had to consider the principles surrounding the commencement of the sentence in light of the time Najman had already spent in custody prior to being sentenced, and it also had to determine the non-parole period in accordance with the relevant statutory and judicial guidelines. The court needed to balance the seriousness of the offence, the circumstances of the offence, and the defendant's personal circumstances in making these determinations.
In delivering the judgment, the court first addressed the issue of the commencement date of the sentence. It concluded that the sentence should commence from the date of the defendant's arrest, taking into account the period of pre-sentence custody. Regarding the non-parole period, the court considered the nature and circumstances of the offence, including the defendant's criminal history and the need for deterrence and rehabilitation. It ultimately decided on a non-parole period of 1 year 8 months. The total term of imprisonment imposed on the defendant was 2 years 6 months.
The court ordered that Najman serve a term of imprisonment of 2 years 6 months, with a non-parole period of 1 year 8 months. The sentence was to commence from the date of his arrest, taking into account the time already spent in custody.
Orders
Orders of the court
Term of imprisonment of 2 years 6 months with a non-parole period of 1 year 8 months
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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