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
Cases Cited: Attorney General’s Application No 1 of 2002 (2002) 56 NSWLR 147
Mandranis v R [2021] NSWCCA 97
R v Olbrich (1999) 199 CLR 270
Category: Sentence Parties: Rex (Crown)
Bassam Turkmani (Offender)Representation: Counsel:
Solicitors:
R Baldeo (Offender)
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:
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- AGLC
- R v Turkmani [2023] NSWDC 500
- Case
- [2023] NSWDC 500
- Decision Date
CaseChat Overview and Summary
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
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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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