R v Kurtulmus (No. 2) [2020] NSWDC 163

District Court New South Wales

Medium Neutral Citation: R v Kurtulmus (No. 2) [2020] NSWDC 163 Hearing dates: 01 May 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Application for release is refused Catchwords: CRIME — Appeals — Appeal against sentence CRIME — Appeals — Appeal against sentence — Application for leave to appeal CRIME — Bail — Release application Legislation Cited: Bail Act 2013 Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: El-Hilli and Melville v R [2015] NSWCCA 146 Category: Procedural and other rulings Parties: Regina (Crown) Erhan Kurtulmus (Offender) Representation: James Ly (Crown) Avni Djemal (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) Zahr Partners (Offender) File Number(s): 2017/00305393

INTRODUCTION 1. Erhan Kurtulmus appears via Audio Visual Link between the Court and Glenn Innes Correctional Centre where he is in custody after I sentenced him to imprisonment for 3 years 4 months and 15 days including a non-parole period of 1 year and 4 months commencing on 25 March 2020: R v Kurtulmus [2020] NSWDC 149. 2. His application is that he be released to bail pending the determination of his application for leave to appeal in the Court of Criminal Appeal.

THE OFFENCES 1. The applicant pleaded guilty to an offence of dealing with $1,912,070.00 as the proceeds of crime between 3 April 2014 and 15 April 2014, reckless as to whether it was the proceeds of crime, charged pursuant to s 193B(3) Crimes Act 1900. The maximum penalty specified is imprisonment for ten years. He asked that when sentence was determined that the court bring to account an offence of participating in a criminal group contrary to s 93T(1) Crimes Act. He confirmed his wish that the offence be taken into account and admitted that he was guilty of the offence. The maximum penalty for this offence is imprisonment for ten years.