R v Turkmani [2023] NSWDC 500

District Court New South Wales

Medium Neutral Citation: R v Turkmani [2023] NSWDC 500 Hearing dates: 27 October 2022; 22 May 2023; 15 November 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Bassam Turkmani is convicted. 2 The appropriate aggregate sentence is 3 years, which will be reduced to take into account the offender's pre-sentence custody. 3 I impose an aggregate sentence of imprisonment of 2 years and 6 months. 4 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (15 November 2023) and expire on 14 May 2026. 5 The offender must report to St Leonards Community Corrections on or before 4pm on 22 November 2023. 6 The standard conditions of the order apply: (a) the offender must not commit any offence; and (b) the offender must submit to supervision by a Community Corrections Officer. 7 The following additional conditions apply: (a) the offender must not take any restricted or prohibited drug unless prescribed by a medical practitioner. Catchwords: CRIME — Property offences — Break, enter and commit serious indictable offence CRIME — Violent offences — use Offensive weapon to prevent lawful detention Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application No 1 of 2002 (2002) 56 NSWLR 147 Mandranis v R [2021] NSWCCA 97 R v Miller [2015] NSWCCA 86 R v Olbrich (1999) 199 CLR 270 R v Ponfield (1999) 48 NSWLR 327 R v Zamagias [2002] NSWCA 17 Category: Sentence Parties: Rex (Crown) Bassam Turkmani (Offender) Representation: Counsel: R Baldeo (Offender)