R v Sayin [2003] NSWCCA 384

New South Wales Court of Criminal Appeal

CITATION : R v Sayin [2003] NSWCCA 384 HEARING DATE(S) : 01/12/03 JUDGMENT DATE : 1 December 2003

JUDGMENT OF : Wood CJ at CL at 24; Smart AJ at 1 DECISION : See para 23

CATCHWORDS : Cancellation of Periodic Detention Order in absence of offender undesirable - Fixing of non-parole period LEGISLATION CITED : Mental Health Act Periodic Detention of Prisoners Act 1981 CASES CITED : R v Sommerville (1995) 36 NSWLR 184 Wilson v Department of Corrective Services (1997) 93 A Crim R 301 PARTIES : Regina v Okan Sayin FILE NUMBER(S) : CCA 60277/03 COUNSEL : (A) G Walsh (C) - SOLICITORS : (A) - (C) B Kent

LOWER COURT District Court JURISDICTION : LOWER COURT 93/21/0458 FILE NUMBER(S) : LOWER COURT Kirkham DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60277/03 WOOD CJ at CL SMART AJ

Monday, 1 December 2003

Regina v OKAN SAYIN JUDGMENT 1. SMART AJ: Okan Sayin seeks leave to appeal against the order of Kirkham DCJ of 25 August 1995 cancelling an order for periodic detention made by Holt DCJ on 24 June 1994. It appears from the application, which was made under s 25(1) and (2) of the Periodic Detention of Prisoners Act 1981 to cancel the periodic detention order that the District Court was informed of the order of the Court of Criminal Appeal of 6 December 1994. There are some typographical errors in the information contained in the application but they are of no consequence.

2. This Court ordered that the applicant's appeal against his original sentence of eighteen months imprisonment to be served by way of periodic detention be dismissed. The Court, because of the difficulties with periodic detention, made an order to the effect that the sentence was varied to one of a fixed term of penal servitude of seventeen months and one week to be served by way of periodic detention, such period to commence on Wednesday 14 December 1994.