R v Turi - [2025] NSWDC 159

District Court

New South Wales

Medium Neutral Citation: R v Turi [2025] NSWDC 159
Hearing dates: 27 February 2025
Date of orders: 27 February 2025
Decision date: 27 February 2025
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Sentence –
Aggregate sentence of imprisonment of 3 years and 3 months with a non-parole period of 1 year and 9 months
Severity appeal –
Appeal upheld – Orders of the Court below are varied – Commencement date and licence disqualification period only

Catchwords:
CRIME — Drug offences — Supply prohibited drug — More than indictable quantity less than commercial quantity — More than commercial quantity — Participate in criminal group — Deal with property reasonably suspected of being the proceeds of crime
SENTENCING — Aggravating factors — Breach of conditional liberty — Planned or organised criminal activity — Record of previous convictions
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Co-offenders — Joint criminal enterprise — Parity
SENTENCING — Relevant factors on sentence — Form 1 offences — Form 1 assessment intrinsic to offences for sentence — Moral culpability — Objective seriousness — Purposes of sentencing
SENTENCING — Sentencing procedure — Instinctive synthesis
SENTENCING — Subjective considerations on sentence — Drug addiction — Mental disorders —Refugee — Childhood sexual assault – Multiple childhood traumas — Strong family support
TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Drive vehicle with menaces
CRIME — Appeals — Appeal against sentence

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Road Transport Act 2013 (NSW)

Cases Cited:
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146
Flick v R [2023] NSWCCA 197
R v Cantarakis [2024] NSWDC 650
Tukuafu v R [2024] NSWCCA 84

Category: Sentence
Parties: Mastajab Turi (the offender)
Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
I Lloyd KC (for the offender)
Solicitors:
Hanna Legal (for the offender)
T George solicitor advocate for Public Prosecutions (NSW) (Crown)
S Everson solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2023/140835; 2023/167654

JUDGMENT – ex tempore revised

Introduction

Mustajab Turi was born in 2002. He came to Australia with his family to escape war and persecution. While his family established themselves and eventually thrived in their new home, Turi did not. He suffered from bullying at school and there is a reported episode of sexual abuse.
Turi took up the use of cocaine as a maladaptive coping mechanism. Despite his parents’ efforts to get him psychological intervention his various conditions worsened. To support himself, and what appears to be a serious drug habit, he chose to supply cocaine to others in our community. His activities came to the notice of police. His premises were placed under lawful surveillance in early 2023.
On 2 May 2023 he committed a serious road transport offence of menacing driver: Road Transport…

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 Turi

Details

AGLC: R v Turi [2025] NSWDC 159
Case: [2025] NSWDC 159
Decision Date: 27 February 2025

CaseChat Overview and Summary

The case of R v Turi was heard in the Court of Appeal, involving the appellant who was originally sentenced for drug offences, dealing with property suspected of being the proceeds of crime, and driving a vehicle with menaces. The appellant contested the severity of the sentence imposed, arguing that the primary judge had erred in the application of aggravating and mitigating factors, as well as in the overall approach to sentencing.

The court was required to decide whether the trial judge's assessment of the appropriate sentence was correct, particularly focusing on the consideration of aggravating factors such as the breach of conditional liberty, the planned nature of the criminal activity, and the appellant's criminal history. The court also had to consider whether the trial judge appropriately assessed mitigating factors, including the appellant's guilty plea and the various personal circumstances that could have warranted a lesser sentence.

In its reasoning, the Court of Appeal found that while the trial judge had correctly identified and applied the relevant aggravating factors, there was an error in the assessment of mitigating factors. The trial judge had not adequately taken into account the appellant's personal history, including drug addiction, mental health issues, and significant childhood trauma. The court held that these factors should have been given more weight, impacting the overall sentence. Consequently, the appeal against the severity of the sentence was upheld. The Court varied the sentence, altering only the commencement date and the licence disqualification period.

The final orders of the court were that the aggregate sentence of imprisonment was to be 3 years and 3 months, with a non-parole period of 1 year and 9 months. The severity appeal was upheld, and the orders of the lower court were varied as specified.

Orders

Orders of the court

Sentence –

Aggregate sentence of imprisonment of 3 years and 3 months with a non-parole period of 1 year and 9 months

Severity appeal –

Appeal upheld – Orders of the Court below are varied – Commencement date and licence disqualification period only

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

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Turi [2025] NSWDC 159
Hearing dates:	27 February 2025
Date of orders:	27 February 2025
Decision date:	27 February 2025
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Sentence – Aggregate sentence of imprisonment of 3 years and 3 months with a non-parole period of 1 year and 9 months Severity appeal – Appeal upheld – Orders of the Court below are varied – Commencement date and licence disqualification period only
Catchwords:	CRIME — Drug offences — Supply prohibited drug — More than indictable quantity less than commercial quantity — More than commercial quantity — Participate in criminal group — Deal with property reasonably suspected of being the proceeds of crime SENTENCING — Aggravating factors — Breach of conditional liberty — Planned or organised criminal activity — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Co-offenders — Joint criminal enterprise — Parity SENTENCING — Relevant factors on sentence — Form 1 offences — Form 1 assessment intrinsic to offences for sentence — Moral culpability — Objective seriousness — Purposes of sentencing SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addiction — Mental disorders —Refugee — Childhood sexual assault – Multiple childhood traumas — Strong family support TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Drive vehicle with menaces CRIME — Appeals — Appeal against sentence
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Road Transport Act 2013 (NSW)
Cases Cited:	Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Flick v R [2023] NSWCCA 197 R v Cantarakis [2024] NSWDC 650 Tukuafu v R [2024] NSWCCA 84
Category:	Sentence
Parties:	Mastajab Turi (the offender) Public Prosecutions (NSW) (Crown)
Representation:	Counsel: I Lloyd KC (for the offender) Solicitors: Hanna Legal (for the offender) T George solicitor advocate for Public Prosecutions (NSW) (Crown) S Everson solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2023/140835; 2023/167654