R v Jirjnazi [2022] NSWDC 744

District Court New South Wales

Medium Neutral Citation: R v Jirjnazi [2022] NSWDC 744 Hearing dates: 14 December 2022 Decision date: 15 December 2022 Jurisdiction: Criminal Before: King SC DCJ Decision: 1. The offender is convicted of the offence. 2. There being no other appropriate penalty, I impose a sentence of imprisonment for 2 years. 3. Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the Court directs the sentence to be served by way of an Intensive Corrections Order commencing today. 4. The offender is to report to the OIC at the Bankstown office of CCS by 4 p.m. on Friday 16 December 2022. 5. The conditions to apply during the term of the order are as follows: STANDARD CONDITIONS a. You must not commit any offence. b. The offender is to be placed under the supervision and guidance of the Community Corrective Services for as long as that Service deems necessary or desirable, but not exceeding the term of the order and the offender is to obey all reasonable directions of that Service (including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis) whilst under supervision and guidance, and which should include. • Continued engagement with his psychologist to address his risk factors and overall mental health stability, including anti-social attitudes and associates, as well as coping skills including working towards employment options. • Referral to Youth off the Streets if he is struggling with housing and financial issues. • Referral to the EQUIPS Foundation Program • Participation in behavioural change interventions (PGI) exercises targeting self-awareness and pro social lifestyle. c. Undertake rehabilitation or treatment program/s as directed by Community Corrections. d. Abstain from the consumption of alcohol and illicit drugs/prescription drugs not prescribed for him. Catchwords: CRIMINAL – Sentence – aggravated break and enter & commit serious indictable offence, assault with intent to rob - offences committed in company with unknown co-offender – "the wrong house" – apology to victim acknowledgment, not remorse – "serious home invasion, premeditated and planned" – violence, two young children present – discount for plea – offences committed while on bail – cases – Henry guidelines - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BP v R [2010] 201 A Crim R 379 Bugmy v The Queen [2013] HCA 37 Fernando [1992] 76 A Crim R Pulitano v R [2010] NSWCCA 45 R v Groombridge (unreported 30/9/90 NSWCCA) R v Henry [1999] 46 NSWLR 346 R v Pullen [2018] NSWCCA 264 R v Speeding [2001] NSWCCA 105 Category: Sentence Parties: Rex Jirjnazi, Abdullah Representation: Counsel: Defence: Mr J Jiang