R v Turkmani - [2023] NSWDC 500

District Court

New South Wales

Medium Neutral Citation: R v Turkmani [2023] NSWDC 500
Hearing dates: 27 October 2022; 22 May 2023; 15 November 2023
Date of orders: 15 November 2023
Decision date: 15 November 2023
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1 Bassam Turkmani is convicted.
2 The appropriate aggregate sentence is 3 years, which will be reduced to take into account the offender’s pre-sentence custody.
3 I impose an aggregate sentence of imprisonment of 2 years and 6 months.
4 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (15 November 2023) and expire on 14 May 2026.
5 The offender must report to St Leonards Community Corrections on or before 4pm on 22 November 2023.
6 The standard conditions of the order apply:
(a) the offender must not commit any offence; and
(b) the offender must submit to supervision by a Community Corrections Officer.
7 The following additional conditions apply:
(a) the offender must not take any restricted or prohibited drug unless prescribed by a medical practitioner.

Catchwords:
CRIME — Property offences — Break, enter and commit serious indictable offence
CRIME — Violent offences — use Offensive weapon to prevent lawful detention

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application No 1 of 2002 (2002) 56 NSWLR 147
Mandranis v R [2021] NSWCCA 97
R v Miller [2015] NSWCCA 86
R v Olbrich (1999) 199 CLR 270
R v Ponfield (1999) 48 NSWLR 327
R v Zamagias [2002] NSWCA 17

Category: Sentence
Parties: Rex (Crown)
Bassam Turkmani (Offender)
Representation:
Counsel:
R Baldeo (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
South West Legal Services (Offender)

File Number(s): 2021/148335
Publication restriction: None

JUDGMENT

Introduction

Bassam Turkmani appears for sentence after pleading guilty in the Local Court to the following offences:

Sequence

H80334922

Offence

Maximum Penalty and SNPP

1

Break, enter and steal in company (IGA East Lindfield), contrary to s 112(2), Crimes Act 1900

20 years imprisonment with 5 years SNPP

2

Break, enter and steal (Chatswood Newsagency) contrary to s 112(1)(a), Crimes Act 1900

14 years imprisonment with no SNPP

5

Attempted break and enter (BWS Oakhill), contrary to s 112(2), Crimes Act 1900

20 years imprisonment with 5 years SNPP

6

Break, enter and steal in company (Cellarbrations Turramurra), contrary to s 112(2), Crimes Act 1900

20 years imprisonment with 5 years SNPP

9

Take and drive conveyance (Lidcombe CC3 9Pl), contrary to s 154A(1)(a), Crimes Act 1900

5 years imprisonment with no SNPP

10

Break, enter and steal in company (IGA Bateau Bay), contrary to s 112(2), Crimes Act 1900

20 years imprisonment with 5 years SNPP

13

Use offensive weapon to prevent lawful detention, contrary to s 33B(1)(a), Crimes Act 1900

12 years imprisonment with no SNPP

The offender also asks the Court to take the following offences into account on a series of Form 1 documents:

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 Turkmani

Details

AGLC: R v Turkmani [2023] NSWDC 500
Case: [2023] NSWDC 500
Decision Date: 15 November 2023

CaseChat Overview and Summary

The defendant, Bassam Turkmani, was convicted of various offences including serious indictable offences involving break and enter, and the use of an offensive weapon to prevent lawful detention. The case was heard in the relevant court, where the judge was tasked with determining the appropriate legal issues, including the nature and severity of the crimes, the applicability of certain statutory provisions, and the formulation of an appropriate sentence. The legal issues revolved around the interpretation of the statutory framework governing sentencing, particularly the Crimes (Sentencing Procedure) Act 1999, and the principles of justice and deterrence in the context of the defendant’s criminal history and the specifics of the crimes committed.

The court meticulously reviewed the evidence and arguments presented, assessing the culpability of the defendant and the necessity for a sentence that both punishes the defendant and serves the interests of justice. The judge considered the defendant’s pre-sentence custody and the overall impact of the crimes on the community. After a comprehensive analysis, the court determined that an aggregate sentence of 2 years and 6 months was appropriate, to be served as an Intensive Corrections Order, taking into account the statutory requirements and the need for rehabilitation. The sentence also included specific conditions to ensure compliance and public safety, such as refraining from committing any further offences and submitting to supervision by a Community Corrections Officer.

The court further stipulated that the sentence would commence immediately and expire on a specified date, with additional conditions including the prohibition of drug use unless medically prescribed. The defendant was also required to report to the relevant community corrections office within a stipulated timeframe. This decision reflects the court’s commitment to balancing punitive measures with rehabilitative efforts, while ensuring the protection of the community.

Orders

Orders of the court

1 Bassam Turkmani is convicted.

2 The appropriate aggregate sentence is 3 years, which will be reduced to take into account the offender’s pre-sentence custody.

3 I impose an aggregate sentence of imprisonment of 2 years and 6 months.

4 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (15 November 2023) and expire on 14 May 2026.

5 The offender must report to St Leonards Community Corrections on or before 4pm on 22 November 2023.

6 The standard conditions of the order apply:

(a) the offender must not commit any offence; and

(b) the offender must submit to supervision by a Community Corrections Officer.

7 The following additional conditions apply:

(a) the offender must not take any restricted or prohibited drug unless prescribed by a medical practitioner.

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.

Medium Neutral Citation:	R v Turkmani [2023] NSWDC 500
Hearing dates:	27 October 2022; 22 May 2023; 15 November 2023
Date of orders:	15 November 2023
Decision date:	15 November 2023
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 Bassam Turkmani is convicted. 2 The appropriate aggregate sentence is 3 years, which will be reduced to take into account the offender’s pre-sentence custody. 3 I impose an aggregate sentence of imprisonment of 2 years and 6 months. 4 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (15 November 2023) and expire on 14 May 2026. 5 The offender must report to St Leonards Community Corrections on or before 4pm on 22 November 2023. 6 The standard conditions of the order apply: (a) the offender must not commit any offence; and (b) the offender must submit to supervision by a Community Corrections Officer. 7 The following additional conditions apply: (a) the offender must not take any restricted or prohibited drug unless prescribed by a medical practitioner.
Catchwords:	CRIME — Property offences — Break, enter and commit serious indictable offence CRIME — Violent offences — use Offensive weapon to prevent lawful detention
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application No 1 of 2002 (2002) 56 NSWLR 147 Mandranis v R [2021] NSWCCA 97 R v Miller [2015] NSWCCA 86 R v Olbrich (1999) 199 CLR 270 R v Ponfield (1999) 48 NSWLR 327 R v Zamagias [2002] NSWCA 17
Category:	Sentence
Parties:	Rex (Crown) Bassam Turkmani (Offender)
Representation:	Counsel: R Baldeo (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) South West Legal Services (Offender)
File Number(s):	2021/148335
Publication restriction:	None

Sequence H80334922	Offence	Maximum Penalty and SNPP
1	Break, enter and steal in company (IGA East Lindfield), contrary to s 112(2), Crimes Act 1900	20 years imprisonment with 5 years SNPP
2	Break, enter and steal (Chatswood Newsagency) contrary to s 112(1)(a), Crimes Act 1900	14 years imprisonment with no SNPP
5	Attempted break and enter (BWS Oakhill), contrary to s 112(2), Crimes Act 1900	20 years imprisonment with 5 years SNPP
6	Break, enter and steal in company (Cellarbrations Turramurra), contrary to s 112(2), Crimes Act 1900	20 years imprisonment with 5 years SNPP
9	Take and drive conveyance (Lidcombe CC3 9Pl), contrary to s 154A(1)(a), Crimes Act 1900	5 years imprisonment with no SNPP
10	Break, enter and steal in company (IGA Bateau Bay), contrary to s 112(2), Crimes Act 1900	20 years imprisonment with 5 years SNPP
13	Use offensive weapon to prevent lawful detention, contrary to s 33B(1)(a), Crimes Act 1900	12 years imprisonment with no SNPP