CICEKDAG v REGINA [2007] NSWCCA 218

New South Wales Court of Criminal Appeal

CITATION: CICEKDAG v REGINA [2007] NSWCCA 218

HEARING DATE(S): 25/06/07

JUDGMENT DATE: 2 August 2007

JUDGMENT OF: Giles JA at 1; James J at 2; Hislop J at 52

DECISION: Leave to appeal against sentence granted - appeal against sentence allowed in part

CATCHWORDS: Criminal law - sentencing - accumulation of sentences - special circumstances

LEGISLATION CITED: Crimes Act 1990

Clay v Regina [2007] NSWCCA 106 CASES CITED: R v Henry (1999) 46 NSWLR 346 R v Park [2003] NSWCCA 142 Veen v The Queen (No 2) 164 CLR 465

PARTIES: Ersen CICEKDAG v REGINA

FILE NUMBER(S): CCA 2007/1121 CCAP

COUNSEL: R Herps - Crown S Corish - (Forbes Chambers) - Applicant

SOLICITORS: S Kavanagh - (Solicitor for Public Prosecutions) S O'Connor - (Legan Aid Commission)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0057 and 06/11/0058

LOWER COURT JUDICIAL OFFICER: Donovan QC DCJ

IN THE COURT OF CRIMINAL APPEAL 2007/1121 CCAP

GILES JA JAMES J HISLOP J

Thursday 2 August 2007 Ersen CICEKDAG v REGINA Judgment

1 GILES JA: I agree with James J. 2 JAMES J: Ersen Cicekdag applied for leave to appeal against sentences imposed on him in the District Court by his Honour Judge Donovan on 29 September 2006. 3 The applicant had pleaded guilty to counts 2 to 8, 10 and 12 in an indictment presented against him and not guilty to counts 1, 9 and 11 in the indictment. The Crown accepted the pleas of guilty in full discharge of the indictment. The counts to which the applicant pleaded guilty and for which he was sentenced were a charge of receiving stolen property (count 2), six charges of obtaining a benefit by deception (counts 3 to 8), a charge of receiving stolen property (count 10) and a charge of driving a conveyance taken without consent (count 12). 4 Judge Donovan also sentenced the applicant for two offences alleged in court attendance notices, being an offence of aggravated dangerous driving occasioning grievous bodily harm and an offence of driving a motor vehicle without being licensed. 5 For the purposes of sentencing the applicant Judge Donovan divided the offences into groups. One group consisted of the offences charged in counts 2, 3, 4 and 5 and a second group consisted of the offences charged in counts 6, 7, 8 and 10. The offence of dangerous driving occasioning grievous bodily harm was taken separately. After his Honour had delivered his principal remarks on sentence, it came to his Honour's attention that he had omitted sentencing the applicant for the offence charged in count 12 of the indictment. His Honour then sentenced the applicant for the offence charged in count 12, in effect grouping it with the offence of dangerous driving occasioning grievous bodily harm. His Honour dealt separately with the offence of driving a motor vehicle while unlicensed. 6 The sentences imposed by his Honour were as follows:-