R v Abdullah TERKMANI [2008] NSWDC 358

New South Wales District Court

CITATION: R v Abdullah TERKMANI [2008] NSWDC 358

JUDGMENT DATE: 14 November 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Non-parole period of 2 years. Balance of term of 2 years. NB : THIS SENTENCE WAS APPEALED. PLEASE SEE R V TERKMANI [2009] NSWCCA 142.

CATCHWORDS: CRIMINAL LAW - sentence - found guilty by jury - aggravated break enter and commit serious indictable offence - standard non-parole period - circumstances of aggravation including offender being in company, offender knowing there were persons in the house, offender armed with an offensive weapon, offence planned - age as mitigating factor - prospects of rehabilitation - whether or not within the middle of the range of objective seriousness

LEGISLATION CITED: Crimes Act 1900 s 112(2) Crimes (Sentencing Procedure) Act 1999 s 21A

Regina v Way (2004) 60 NSWLR 168 CASES CITED: Regina v Joel Tory, Regina v Luke Tory [2006] NSWCCA 18 Regina v Millar [2005] NSWCCA 202 Regina v Price [2005] NSWCCA 285

PARTIES: Regina Abdullah Terkmani

FILE NUMBER(S): 2007/14794

SOLICITORS: Director of Public Prosecutions Jn Legal

JUDGMENT

HIS HONOUR: Mr Terkmani I am going to sentence you now. First I give my reasons which will take twenty minutes or so. I read out why I am reaching the decision that I am and then at the end of that I will sentence you and you will hear what the sentence is. Do you understand that? OFFENDER: Yes. HIS HONOUR: And I do not tell you in advance what the sentence is because I want you to listen to the reasons.