R v Aslan [2022] NSWDC 741

District Court New South Wales

Medium Neutral Citation: R v Aslan [2022] NSWDC 741 Hearing dates: Trial 1 December 2020 to 4 January 2021 Sentence: 1 July 2022 Decision date: 11 July 2022 Jurisdiction: Criminal Before: KING SC DCJ Decision: Convicted on each count. Indicative sentences: Count 1: 8 years' imprisonment with a NPP of 6 years Count 2: 8 years' imprisonment with a NPP of 6 years Count 3: 8 years' imprisonment with a NPP of 6 years Aggregate sentence: Sentenced to a total term of imprisonment for 12 years comprising a NPP of 9 years to commence on 4 January 2021 and expiring on 3 January 2030 upon which date he will become eligible for parole, and a balance of term of 3 years to commence on 4 January 2030 and to expire on 3 January 2033. Standard NPP not applied to account for harshness of conditions of imprisonment during COVID-19, & in his election of protective custody, and the offender's limited links with the community in Australia as well as his limited ability to have contact with his family in Turkey. Catchwords: CRIMINAL – Sentence – 3 offences of sexual intercourse without consent, knowing the complainants were not consenting – drunk/drugged complainants – "intercourse with a complainant who cannot consent is in itself an act of violence" – high emotional trauma and psychological impact in such circumstances - similarity in approach and method used by offender – use of online "Couchsurfing" travel application, "preloading" with large amounts of alcohol, taking each to Hyde Park – midrange of objective seriousness – Victim Impact Statements - SNPPs – subjective matters – no evidence of remorse/contrition, no prospect of rehabilitation in those circumstances - lengthy delays in sentencing due to impact of Covid, availability of counsel, difficulty of obtaining reports etc Legislation Cited: Crimes Act 1900 Category: Sentence Parties: Regina ASLAN, Berat Representation: Counsel: DEF: Mr L Katsinas Solicitors: CR: Ms A Weir, Mr D Lawless DEF: Mr E Demir, 360 Legal File Number(s): 2019/00049744 Publication restriction: NPO in respect of the names of the complainants and anything tending to identify them.