District Court
New South Wales
Medium Neutral Citation: R v Sultan [2021] NSWDC 776 Hearing dates: 16 December 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: See par [112].
Catchwords: CRIME – SENTENCE – PLEA GUILTY – 3 OFFENCES
(1) Specially aggravated kidnapping (in company and infliction of ABH);
(2) Conspiracy to rob in company;
(3) Do Act intending to pervert course of justice.
PARITY with co-offenders.
PERSONAL CIRCUMSTANCES – Bugmy Considerations – Rehabilitation prospects.
Legislation Cited: Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Lowe v R (1984) 154 CLR 606
Postiglione v R (1997) 189 CLR 294
R v Colvin (No 2) [2021] NSWDC 494
R v Masters (1992) 26 NSWLR 450
R v Murchie (1999) 108 A Crim R 482
R v Savvas (2) (1991) 58 A Crim R 174
R v Shore (1992) 66 A Crim R 37
Tyler v R (2007) 173 A Crim R 458
Texts Cited: Nil.
Category: Sentence Parties: R – Crown
Offender – Karim SultanRepresentation: Crown
Viney, T.
Offender
Barrack, B.
File Number(s): 2019/00384066 Publication restriction: Nil.
Judgment
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HIS HONOUR: Karim Sultan stands for sentence as a consequence of pleading guilty to two substantive charges. The first in time is known as sequence 3 and is an offence contrary to s 86(3) of the Crimes Act 1900. It carries a maximum penalty of imprisonment for 25 years. There is no standard non-parole period. The other offence to which the offender pleaded guilty is the Common Law offence of conspiracy. The conspiracy was to rob in company. As the offence is at Common Law, the penalty is at large. However, some guidance can be gained from the fact that robbery in company is punishable under s 97(1) of the Crimes Act 1900 by imprisonment for 20 years. As the offence is at Common Law, there is no standard non-parole period.
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In respect of the first of those two offences, the offender asks me to take into account on a Form 1 an offence of aggravated breaking and entering with the intent to steal whilst he was in company with others. Furthermore, I am required, pursuant to a certificate under s 166(1)(b) of the Criminal Procedure Act 1986, to sentence the offender for doing an act intending to pervert the course of justice. That is an offence contrary to s 319 of the Crimes Act 1900. The maximum penalty for that offence is imprisonment for 14 years but I am to exercise the jurisdiction of the Local Court in this regard…
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- AGLC
- R v Sultan [2021] NSWDC 776
- Case
- [2021] NSWDC 776
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate weight to give to the appellant's personal circumstances, the principle of parity with co-offenders, and the Bugmy principles. Justice [Judge Name] examined the nature and severity of the offences, the appellant's role in the crimes, and the totality of the circumstances, including the appellant's background and potential for rehabilitation. The court had to balance these factors to arrive at a just and proportionate sentence.
Justice [Judge Name] carefully considered the appellant's personal history, the gravity of the offences, and the need to ensure parity with co-offenders. The court acknowledged the appellant's guilty plea and his cooperation with authorities but also recognised the significant harm caused to the victims. After a thorough analysis, the court determined that the appellant's sentence should reflect the severity of the crimes while also considering the mitigating factors. The final orders, as detailed in paragraph [112], reflect the court's considered judgment on these matters.
Orders
Orders of the court
See par [112].
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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