Regina v Serkan Toprak [2016] NSWDC 231

District Court New South Wales

Medium Neutral Citation: Regina v Serkan Toprak [2016] NSWDC 231 Hearing dates: 15 July 2016 Date of orders: 15 July 2016 Decision date: 15 July 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1. In relation to sequence 1, being robbery armed with an offensive weapon the offender is convicted. He is sentenced to a term of imprisonment of three years with a non-parole period of two years, to date from 21 October 2015. 2. In relation to sequence 3, assault with intent to rob armed with an offensive weapon, the offender is convicted. He is sentenced to a term of imprisonment of three years with a non-parole period of 18 months to date from 21 October 2016. 3. The total effective sentence is one of four years with a non-parole period of two years and six months. The offender is eligible to be released on parole on 20 April 2018. Catchwords: CRIMINAL LAW – robbery armed with an offensive weapon – assault with intent to rob armed with offensive weapon – plea of guilty – offence SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty – imprisonment - special circumstances - accumulation SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – violence – background of offender – Henry guidelines OTHER - familial support – drugs – methylamphetamine – "ice" – prospects of rehabilitation – mental health of offender – psychological issue – externalising disorder Legislation Cited: Crimes Act 1900 s 97(1) Crimes (Sentencing Procedure) Act 1999 s 5 Category: Sentence Parties: Regina (Crown) Serkan Toprak (Offender) Representation: Counsel: Mr W Brewer (Offfender)