R v Acisulu; R v Kilic [2022] NSWDC 640

District Court New South Wales

Medium Neutral Citation: R v Acisulu; R v Kilic [2022] NSWDC 640 Hearing dates: 17 November 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Ozan Acisulu is convicted. 2 This is an appropriate matter to impose an aggregate sentence pursuant to s 53A Crimes (Sentencing Procedure) Act 1999. The terms of imprisonment I would have imposed if separate sentences were to be imposed after taking into account the discount for the plea of guilty are: (a) s 154C(1) offence - 2 years and 6 months with a non-parole period of 1 year and 8 months; (b) s 154C(2) offence (taking into account the matter on the Form 1 – 3 years and 6 months with a non-parole period of 2 years and 4 months; (c) s 7(1) offence - 2 years with a non-parole period of 1 year and 4 months; (d) s 25(2) offence - 2 years. 3 I impose an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 3 years and 6 months to date from 18 August 2020. The non-parole period will expire on 17 February 2024 and the head sentence will expire on 17 February 2026. Mr Acisulu will be eligible to be released on parole on 17 February 2024. 4 Aydin Kilic is convicted. 5 This is an appropriate matter to impose an aggregate sentence pursuant to s 53A Crimes (Sentencing Procedure) Act 1999. The terms of imprisonment I would have imposed if separate sentences were to be imposed after taking into account the discount for the plea of guilty are: (a) s 154C(2) offence (taking into account the matter on the Form 1) - 3 years and 6 months with a non-parole period of 1 year and 9 months; (b) s 7(1) offence (taking into account the matter on the Form 1) - 2 years with a non-parole period of 1 year. 6 I impose an aggregate term of imprisonment of 3 years and 8 months with a non-parole period of 1 years and 10 months to date from 24 March 2022. The non-parole period will expire on 23 January 2024 and the head sentence will expire on 23 November 2025. Mr Kilic will be eligible to be released on parole on 23 January 2024. Catchwords: CRIME — Violent offences — Assault with intent to take and drive a motor vehicle – Aggravated assault CRIME — Firearms offences — Unauthorised use/possession of firearm CRIME — Drug offences — Supply prohibited drug Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 Bugmy v The Queen (2103) 249 CLR 571 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Hoskins v R [2021] NSWCCA 169 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Ozan Acisulu (Offender) Aydin Kilic (Offender) Representation: Counsel: P Allport (Acisulu) I Lloyd KC with D Provera (Kilic)