CITATION: Regina v Aslan [2005] NSWCCA 121
HEARING DATE(S): 4 April 2005
JUDGMENT DATE:
4 April 2005JUDGMENT OF: Hunt AJA at 26; Grove J at 1; Hall J at 27
DECISION: APPEAL DISMISSED
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - SENTENCE - ONGOING SUPPLY OF DRUGS - ONGOING SUPPLY OF PISTOLS - FURTHER OFFENCE OF SUPPLY OF LARGE COMMERCIAL QUANTITY OF PROHIBITED DRUG - TOTAL CRIMINALITY REQUIRED SUBSTANTIAL SENTENCE - NO ERROR BY TRIAL JUDGE IN ASSESSMENTS INCLUDING APPELLANT'S SUBJECTIVE CASE
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
Crimes (Sentencing Procedure) Act 1999CASES CITED: R v Way 2004 60 NSWLR 168
PARTIES: Regina v Tarek Aslan
FILE NUMBER(S): CCA 2005/62
COUNSEL: D. Arnott (Crown)
M. Ramage QC (Applicant)SOLICITORS: S.Kavanagh (DPP)
Macquarie Lawyers (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3106
LOWER COURT JUDICIAL OFFICER: Sides DCJ
2005/62
Monday 4 April 2005HUNT AJA
GROVE J
HALL J
REGINA v TAREK ASLAN
1 GROVE J: This is an application for leave to appeal against severity of sentence imposed upon the applicant by Sides DCJ at the Campbelltown District Court. The applicant pleaded guilty to three counts in an indictment but it was noted that he had earlier made appropriate pleas of guilty before a magistrate and it was for procedural reasons only that an indictment was presented. His Honour applied a “discount” of 25 percent for early pleas.
2 The offence in count 1 charged supply a prohibited drug on an ongoing basis for which the prescribed maximum penalty is 20 years' imprisonment. Count 2 charged selling firearms on an ongoing basis contrary to section 51B of the Firearms Act which also carries a maximum prescribed penalty of 20 years' imprisonment. Count 3 charged supplying a large commercial quantity of a prohibited drug for which the prescribed maximum penalty is imprisonment for life. Also taken into account pursuant to the Form 1 procedure were six further offences.
3 The applicant was sentenced on count 1 to imprisonment for six years and six months with a non-parole period of three years and six months. On count 2, to imprisonment for eight years with a non-parole period of three years and six months, and on count 3, to imprisonment for seven years and six months with a non-parole period of four years and six months. The Form 1 matters were taken into account in the sentence imposed in relation to count 1. The dates specified for commencement and conclusion of the various sentences and non-parole periods had effect that the applicant would be in custody from 28 May 2002 and become eligible for parole from 27 May 2009, thus, there was an effective sentence of 11 years and six months with a non-parole period of seven years.
4 The offences all occurred as a result of activity by undercover police officers authorised pursuant to the appropriate statute. The commencement of the applicant's criminality can be dated from 6 March 2002 when an undercover officer referred to…
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- Regina v Aslan [2005] NSWCCA 121
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- [2005] NSWCCA 121
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CaseChat Overview and Summary
The legal issues before the court were whether the trial judge correctly assessed the totality of Aslan's criminal conduct, and if the sentence imposed was commensurate with the severity of his crimes. The court had to consider the various elements of Aslan's criminal activities, including the ongoing supply of drugs and pistols, and the additional offence of supplying a large commercial quantity of a prohibited drug. The defence argued that the trial judge's assessment of the appellant's subjective case was flawed, and that this affected the overall sentence.
The court determined that the trial judge's assessment of Aslan's criminal conduct was accurate, and that there was no error in the judge's approach to the sentencing. The court found that the total criminality of Aslan's actions warranted a substantial sentence, and that the sentence imposed reflected the severity of his crimes. The court rejected the appeal, affirming that the trial judge had appropriately considered all relevant factors in reaching the sentence. The decision underscored the importance of a comprehensive assessment of an offender's total criminality in determining an appropriate sentence.
The final orders of the court were to dismiss Aslan's appeal against his sentence, upholding the trial judge's assessment and the sentence imposed. The court's decision highlighted the need for a careful consideration of the totality of an offender's criminal conduct when determining an appropriate penalty.
Orders
Orders of the court
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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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