R v KAYIRICI [2018] NSWDC 456

District Court New South Wales

Medium Neutral Citation: R v KAYIRICI [2018] NSWDC 456 Hearing dates: 31 August 2018; 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Criminal Before: KING SC DCJ Decision: Convicted on each count. Indicative sentences: Count 1 and Count 2: Special verdict - 2 years and 6 months' imprisonment Count 3: 4 years' imprisonment Aggregate sentence: Sentenced to a term of imprisonment of 5 years, comprising of a non-parole period of 3 years and 9 months to commence on 26 September 2016 and to expire on 25 June 2020, and a balance of term of 1 year and 3 months to commence on 26 June 2020 and to expire on 25 September 2021. Count 3 – SEQ 001 – Police pursuit – not stop – drive recklessly: 5 years license disqualification s166 matters: SEQ 002: Convicted - no further penalty. Automatic disqualification to be concurrent with the 5 year licence disqualification in respect of SEQ 001 (Count 3). SEQ 003: Convicted – no further penalty Catchwords: CRIMINAL – sentence – property offences - break, enter house, steal – receive stolen goods – alternative special verdict of break enter & steal or receive property – theft – police pursuit, not stop, drive recklessly - refusal to plead at trial - taken to have pleaded not guilty – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Callaghan v R [2006] NSWCCA 58 R v Richards (1981) 2 NSWLR 464 Category: Sentence Parties: Regina Mustafa Kayirici Representation: Counsel: Crown: Mr M O'Brien Defence: Ms D Hawkins