R v Coskun (No 5) [2022] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: R v Coskun (No 5) [2022] NSWSC 1216 Hearing dates: 5 September 2022 Decision date: 15 September 2022 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Aggregate term of imprisonment of 34 years with a non-parole period of 25 years and 6 months Catchwords: CRIME — Murder — Constructive murder — Attempted robbery whilst armed with a dangerous weapon — Found guilty by jury SENTENCING — Aggravating factors — Home of victim or any other person — Two offenders in company — Three victims – Weapon a loaded pistol— Precise role of offenders in planning and premeditation unknown and found to be neither aggravating nor mitigating – Attempted robbery aggravated by gunshot wounding of victim SENTENCING — Relevant factors on sentence — Objective seriousness — Subjective case of offender — Disadvantaged childhood and victim of sexual abuse — Impacts of COVID-19 on conditions in custody SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences — Accumulation, concurrency, and totality — Degree of concurrency and accumulation appropriate for constructive murder and robbery whilst armed with a dangerous weapon — Substantial degree of concurrency appropriate Legislation Cited: Crimes Act 1900 (NSW), ss 19A(1), 97(2), 98 Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2), 30E(3), Pt 4 Div 1A, Table item 1A Cases Cited: Darcy v R [2022] NSWCCA 54 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 Smale v R [2009] NSWCCA 220 Category: Sentence Parties: Rex Cengiz Coskun Representation: Counsel: Ms S Traynor (Crown) Mr P Coady (Offender)