R v Oygur [2017] NSWDC 278

R v Oygur [2017] NSWDC 278

The offending was serious because the offender armed himself with a wooden skewer capable of inflicting serious injury, threatened and used actual violence in a pharmacy while seeking Duragesic, and had a substantial criminal history including drug-related and violent offending. Although the offence was driven by long-term drug addiction and appeared somewhat impulsive, and although the offender pleaded guilty at the earliest opportunity, expressed remorse, suffered back pain and had uncertain rehabilitation prospects, the Form 1 offences required an increased sentence. After allowing a 25% discount for the guilty plea and finding special circumstances, the appropriate sentence was...

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment consisting of a non-parole period of 2½ years with a head sentence of 5 years.
Legal Topics
['assault With Intent to Rob Whilst Armed With an Offensive Weapon' 'form 1 Offences' 'prescription Drug Addiction' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['assault With Intent to Rob Whilst Armed With an Offensive Weapon' 'form 1 Offences' 'prescription Drug Addiction' 'guilty Plea Discount' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for assault with intent to rob whilst armed with an offensive weapon, taking into account offences on a Form 1.' "How the offender's drug addiction, back pain, prior criminal history, plea of guilty, remorse, prospects of rehabilitation and special circumstances should affect sentence." 'How the guideline judgment in R v Henry applied to the seriousness of the offending.']

Ratio Decidendi

The offending was serious because the offender armed himself with a wooden skewer capable of inflicting serious injury, threatened and used actual violence in a pharmacy while seeking Duragesic, and had a substantial criminal history including drug-related and violent offending. Although the offence was driven by long-term drug addiction and appeared somewhat impulsive, and although the offender pleaded guilty at the earliest opportunity, expressed remorse, suffered back pain and had uncertain rehabilitation prospects, the Form 1 offences required an increased sentence. After allowing a 25% discount for the guilty plea and finding special circumstances, the appropriate sentence was...

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 2½ years with a head sentence of 5 years.

Orders

  • ['The offender is sentenced to imprisonment consisting of a non-parole period of two and a half years with a head sentence of five years to date from 2 June 2016.' 'The non-parole period will expire on 1 December 2018, on which day Mr Oygur is eligible to be released to parole.' 'The Court recommended that...