NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Birkneh [2023] NSWDC 147 Hearing dates: 16 March 2023 and 8 May 2023 Date of orders: 08 May 2023 Decision date: 08 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Ketema Birkneh is convicted. 2 I impose a term of imprisonment of 5 years and 3 months with a non-parole period of 3 years and 3 months to date from 18 September 2021. The non-parole period will expire on 17 December 2024 and the head sentence will expire on 17 December 2026. 3 The offender will become eligible to be released on parole on 17 December 2024. 4 I will extend the duration of the order made in the Local Court on 21 April 2022 so that the apprehended domestic violence order expires on 17 December 2026. Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence Legislation Cited: Crimes Act 1900 (NSW). Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 R v Olbrich (1999) 199 CLR 270 Ward v R [2022] NSWCCA 290 Category: Sentence Parties: Rex (Crown) Ketema Birkneh (Offender) Representation: Counsel: T Spohr (Offender)
Solicitors: Office of the Director of Public Prosecutions (Crown) Stacks Collins Thompson Lawyers (Offender) File Number(s): 2021/266765 Publication restriction: None
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