R v KAYIRICI [2018] NSWDC 456

R v KAYIRICI [2018] NSWDC 456

The offender was sentenced on the special verdict by reference to the lesser receiving offence, with some accommodation for the jury's doubt, but the police pursuit was assessed at the highest level of seriousness because it involved very high speeds, driving on the wrong side of roads, danger to pedestrians and motorists, and vehicle damage. The offender's offending while on bail, prior record, disqualified driving, lack of remorse, fabricated evidence, poor rehabilitation prospects and high risk of reoffending required specific and general deterrence. His mental and physical health issues were accepted in part but were not shown to be causative of the offending, and his arrest injuries...

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Criminal Sentence / Sentencing After Jury Trial Verdicts, Including S 166 Matters
Outcome
Convicted on each count. Aggregate sentence of 5 years' imprisonment with a non-parole period of 3 years and 9 months. Convicted with no further penalty on the s 166 matters.
Legal Topics
['break, Enter House and Steal' 'receiving Stolen Goods' 'special Verdict' 'police Pursuit' 'drive While Disqualified' 'resist Arrest' 'offending While on Bail' 'mental Health and Sentencing' 'licence Disqualification']
['criminal Law' 'sentencing'] ['break, Enter House and Steal' 'receiving Stolen Goods' 'special Verdict' 'police Pursuit' 'drive While Disqualified' 'resist Arrest' 'offending While on Bail' 'mental Health and Sentencing' 'licence Disqualification']

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Procedural Posture

Criminal Sentence / Sentencing After Jury Trial Verdicts, Including S 166 Matters

Legal Issues

  1. 1 ['What sentence should be imposed for the special verdict relating to the alternative break, enter and steal or receiving stolen property counts.' 'What sentence should be imposed for the police pursuit offence contrary to s 51B(1) of the Crimes Act 1900.' 'Whether the manner of arrest should be treated as extra-curial punishment.' "Whether the offender's mental health, protection status in custody, and other subjective circumstances warranted special circumstances or mitigation." 'How the s 166 matters of drive while disqualified and resist arrest should be dealt with.']

Ratio Decidendi

The offender was sentenced on the special verdict by reference to the lesser receiving offence, with some accommodation for the jury's doubt, but the police pursuit was assessed at the highest level of seriousness because it involved very high speeds, driving on the wrong side of roads, danger to pedestrians and motorists, and vehicle damage. The offender's offending while on bail, prior record, disqualified driving, lack of remorse, fabricated evidence, poor rehabilitation prospects and high risk of reoffending required specific and general deterrence. His mental and physical health issues were accepted in part but were not shown to be causative of the offending, and his arrest injuries...

Court Disposition

Convicted on each count. Aggregate sentence of 5 years' imprisonment with a non-parole period of 3 years and 9 months. Convicted with no further penalty on the s 166 matters.

Orders

  • ["Counts 1 and 2: Special verdict; indicative sentence of 2 years and 6 months' imprisonment." "Count 3: Police pursuit; indicative sentence of 4 years' imprisonment." 'Aggregate sentence: imprisonment for 5 years, comprising a non-parole period of 3 years and 9 months commencing on 26 September 2016 and expiring on...