Regina v Bassam Turkmani [2002] NSWCCA 388

Reported Decision : (2002) 133 A Crim R 328

New South Wales Court of Criminal Appeal

CITATION : Regina v Bassam Turkmani [2002] NSWCCA 388 FILE NUMBER(S) : CCA 60197/2002 HEARING DATE(S) : 23/09/2002 JUDGMENT DATE : 23 September 2002

PARTIES : Regina Bassam Turkmani JUDGMENT OF : Buddin J at 1; Smart AJ at 36

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0621 97/11/1085 LOWER COURT JUDICIAL Woods DCJ OFFICER :

COUNSEL : P Barrett (Crown) J Doris (Applicant) SOLICITORS : SE O'Connor (Crown) Neil J O'Connor & Associates (Applicant) CATCHWORDS : Sentence - appeal against severity - pleas of guilty to two counts of knowingly take part in the manufacture of amphetamines - matters taken into account on Form 1 documents - second offence committed whilst on bail for the first offence - need to properly assess applicant's role in offences - whether principles in De Simoni offended - applicant aged 18 at time of first offence - harsher than normal circumstances of incarceration including an assault upon the applicant by prison officers - pleas of guilty at first reasonable opportunity to lesser offences than originally charged - error demonstrated. Corrections Act 1952 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Cameron v R (2002) 187 ALR 65 Pearce v The Queen (1998) 194 CLR 610 R v Fabian (1992) 64 A Crim R 365 R v Laurentiu and Becheru (1992) 63 A Crim R 402 R v Le Cerf (1975) 13 SASR 237 CASES CITED: R v Morgan (1993) 70 A Crim R 368 R v Olbrich (1999) 199 CLR 270 R v Readman (1990) 47 A Crim R 181 R v Solomons (2000) 114 A Crim R 89 R v Thomson & Houlton (2000) 49 NSWLR 383 The Queen v De Simoni (1981) 147 CLR 383 DECISION : Leave to appeal granted. Appeal allowed (in part). In relation to the sentence imposed in respect of the Dural matter the sentence passed in the District Court is quashed. In lieu thereof the applicant is sentenced to imprisonment for six years to date from 5 September 2000 and to expire on 4 September 2006. A non-parole period of three and a half years to date from 5 September 2000 and to expire on 4 March 2004. The sentence in relation to the Brookvale matter is confirmed.