R v Dastan [2024] NSWSC 55

Supreme Court New South Wales

Medium Neutral Citation: R v Dastan [2024] NSWSC 55 Hearing dates: 8 December 2023 Date of orders: 23 February 2024 Decision date: 23 February 2024 Jurisdiction: Common Law - Criminal Before: Harrison CJ at CL Decision: (1) For the murder of Craig Anderson on 27 May 2019 at Doonside in the State of New South Wales, sentence Cem Jim Dastan to imprisonment for 21 years commencing on 27 May 2019 and expiring on 26 May 2040 with a non-parole period of 15 years and 6 months expiring on 26 November 2034. (2) For the offence of participating in a criminal group on 27 May 2019 at Doonside in the State of New South Wales, sentence Cem Jim Dastan to imprisonment for 18 months commencing on 24 August 2022 and expiring on 23 February 2024. (3) The first date upon which Mr Dastan will become eligible for release on parole is 27 November 2034. Catchwords: CRIMINAL LAW – murder – sentence for murder – where offender sought retribution against victim based on false assumption about the victim's role in an assault on the offender's brother – considerable planning to obtain a gun and assistance from co-offenders – victim shot four times in his own home – strong need for general deterrence – no contrition or remorse and persistent denial of culpability – reasonable prospects of rehabilitation – impoverished upbringing and strong subjective case Legislation Cited: Crimes Act 1900 (NSW) s 93T Crimes (High Risk) Offenders Act 2006 (NSW) s 25C Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Fairweather; R v Khoury [2023] NSWSC 814 R v ZZ [2023] NSWSC 506 Thach v R [2018] NSWCCA 252 Category: Sentence Parties: Rex (Crown) Cem Jim Dastan (Offender) Representation: Counsel: P Hogan with A Terracini (Crown) J Ellis (Offender)