R v Tourni [2023] NSWDC 136

District Court New South Wales

Medium Neutral Citation: R v Tourni [2023] NSWDC 136 Hearing dates: 27 April 2023 Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Kosta Tourni is convicted. 2 Taking into account the discount for the plea of guilty, I impose a term of imprisonment of 3 years with a non-parole period of 1 year to date from 5 May 2022. The non-parole period will expire on 4 May 2023 and the head sentence will expire on 4 May 2025. 3 The offender is to be released on parole on 4 May 2023. Catchwords: CRIME — Property offences — Break, enter and commit serious indictable offence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v R (2011) 244 CLR 120 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Kosta Tourni (Offender) Representation: Solicitors: Office of Director of Public Prosecutions (Crown) Legal Aid NSW South Wales (Offender) File Number(s): 2022/108052 Publication restriction: None

JUDGMENT 1. Kosta Tourni (the offender) appears for sentence after pleading guilty to one count of break and enter property and commit a serious indictable offence contrary to s 112(1)(a), Crimes Act 1900. 2. The maximum penalty for the offence is 14 years imprisonment.

Approach to Sentencing 1. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ). 2. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act. 3. The offender entered a plea of guilty in the District Court and is entitled to a 10% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.