Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Toksoz v R [2019] NSWCCA 10 Hearing dates: 26 November 2018 Date of orders: 13 February 2019 Decision date: 13 February 2019 Before: Hoeben CJ at CL [1]
Bellew J [2]
Campbell J [42]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
(3) The sentence imposed by the sentencing judge is confirmed.
(4) The applicant is to be returned to custody forthwith.
(5) The applicant is to be released at the expiration of his non-parole period on 12 September 2019.
(6) The applicant’s sentence will expire on 12 September 2020.Catchwords: CRIMINAL LAW – Sentence – Appeal - Application for leave to appeal – Offences of being an accessory after the fact – Whether sentencing judge erred in the assessment of the objective seriousness of the offending – Whether sentence was manifestly excessive – Whether the principle in R v De Simoni was breached by the sentencing judge Legislation Cited: Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)Cases Cited: JM v R [2014] NSWCCA 297
R v De Simoni [1981] 147 CLR 383; [1981] HCA 31
R v Palu [2002] NSWCCA 381
Stocco, Gino v R; Stocco, Mark v R [2018] NSWCCA 164
Turkmani v R [2014] NSWCCA 186Category: Principal judgment Parties: Ahmet Toksov - Applicant
Regina - CrownRepresentation: Counsel:
Solicitors:
A Francis – Applicant
C Curtis – Crown
Bannisters – Applicant
Solicitor for Public Prosecutions NSW – Crown
File Number(s): 2014/373454 - 018 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 22 February 2018
- Before:
- Judge Wilson SC
- File Number(s):
- 2014/00373454
Judgment
-
HOEBEN CJ AT CL: I agree with Bellew J and the orders which he proposes.
-
BELLEW J: On 15 November 2017 Ahmet Toksoz (“the applicant”) appeared before his Honour Judge Wilson SC in the District Court of NSW and pleaded guilty to an indictment containing the following counts:
On 11 December 2014, in Prestons in the State of New South Wales, Hasan Goktas (“Goktas”) did wound Timothy Venesjarvi, within intent to cause grievous bodily harm to him, and Ahmet Toksoz, knowing the said Hasan Goktas to have committed the said serious indictable offence in the manner aforesaid, afterwards, to wit, between 11 and 19 December 2014 in the State, did receive, harbour, maintain and assist the said Hasan Goktas (contrary to the Crimes Act 1900 (NSW) ss 33(1)(a) and 350) (count 1);
On 11 December 2014, in Prestons in the State of New South Wales, Hasan Goktas did wound Kelsey Coakes and was reckless as to causing actual bodily harm to him, and Ahmet Toksoz, knowing the said Hasan Goktas to have committed the said serious indictable offence in the manner aforesaid, afterwards, to wit, between 11 and 19 December 2014 in the said State, did receive, harbour, maintain and assist the said Hasan Goktas (contrary to the Crimes…
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- AGLC
- Toksoz v The Queen [2019] NSWCCA 10
- Case
- [2019] NSWCCA 10
- Decision Date
CaseChat Overview and Summary
The court was required to examine the circumstances of the case to determine if the trial judge had appropriately assessed the objective seriousness of the offence. This involved reviewing the facts and circumstances that led to the appellant's conviction. The court also considered whether the sentence imposed was manifestly excessive, which required a detailed analysis of the principles of sentencing and the specific circumstances of the offence. Finally, the court assessed whether the principle in R v De Simoni, which concerns the appropriate balance between punishment and rehabilitation, had been breached by the sentencing judge.
The court concluded that the sentencing judge had not erred in assessing the objective seriousness of the offending. The sentence imposed was considered appropriate in light of the circumstances of the case. The court found that the sentence was not manifestly excessive, as it was proportionate to the gravity of the offence. Furthermore, the court determined that the principle in R v De Simoni had not been breached, as the sentence reflected a proper balance between punishment and rehabilitation.
The appeal was dismissed, and the original sentence was upheld. The court did not grant leave to appeal, finding that the sentence imposed was appropriate and that the appellant had not demonstrated any grounds for an appeal.
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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