R v Burns (No 2) [2022] NSWSC 140

Supreme Court New South Wales

Medium Neutral Citation: R v Burns (No 2) [2022] NSWSC 140 Hearing dates: 28 January 2022 Decision date: 21 February 2022 Jurisdiction: Common Law - Criminal Before: McCallum JA Decision: 1. Offender convicted of the murder of Erol Tokcan and of assaulting Erol Tokcan with intent to rob causing wounding. 2. Offender sentenced to an aggregate sentence of imprisonment of 21 years with a non-parole period of 14 years commencing on 12 March 2020 and expiring on 11 March 2034 and a balance of term of 7 years expiring on 11 March 2041. Catchwords: CRIME – sentencing – murder and armed assault with intent to rob causing wounding – plea of guilty to constructive murder on contested facts – appropriate discount for plea – impact on the family of the victim – single lethal stab wound – profound deprivation in offender's early childhood and trauma in late adolescence – impact on moral culpability – young offender of prior good character – impact of COVID-19 pandemic on harshness of custodial sentence – application of R v Brooks (No 5) [2017] NSWSC 824 (Hamill J) in giving effect to competing purposes of sentencing Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 25D(2)(b), 25F(4), 30E(3), 53A, 54A Crimes Act 1900 (NSW) ss 18(1)(a), 98 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Doudar v R [2021] NSWCCA 37 McKinnon v R [2020] NSWCCA 106 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Archer [2021] NSWSC 1485 R v Brooks (No 5) [2017] NSWSC 824 R v Burns [2021] NSWSC 1536 R v Fernando (1992) 76 A Crim R 58 R v Huang [2000] NSWCCA 238 Scott v R [2020] NSWCCA 81 Toller v R [2021] NSWCCA 204 Texts Cited: Justice Legislation Amendment (Committals and Guilty Pleas) Bill 2017, Parliamentary Debates (Hansard) 11 October 2017 Category: Sentence Parties: Crown Jake Burns Representation: Counsel: M Paish (Crown) L McSpedden (Offender)