R v Irmak [2019] NSWDC 262

R v Irmak [2019] NSWDC 262

The conduct amounted to a highly serious offence of conspiracy to pervert the course of justice involving planned and organized activity; sentencing required a term of imprisonment in the higher range, reduced by 15% for the utilitarian value of the guilty plea; aggravating factors included breach of conditional liberty and prior convictions, without sufficient evidence for special circumstances or rehabilitation.

Parties
Crown: Regina; Offender: Recep Irmak
Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to imprisonment.
Legal Topics
Conspiracy to Pervert the Course of Justice, Sentencing, Aggravating Factors, Mitigating Factors, Conditional Liberty, Deterrence, Statistics in Sentencing
Criminal Law Conspiracy to Pervert the Course of Justice Sentencing Aggravating Factors Mitigating Factors Conditional Liberty Deterrence Statistics in Sentencing

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Parties

Regina

Crown

Recep Irmak

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for conspiracy to pervert the course of justice under s 319 of the Crimes Act 1900?
  2. 2 What aggravating and mitigating factors apply in sentencing?
  3. 3 How should statistics and prior cases factor into the sentencing decision?

Ratio Decidendi

The conduct amounted to a highly serious offence of conspiracy to pervert the course of justice involving planned and organized activity; sentencing required a term of imprisonment in the higher range, reduced by 15% for the utilitarian value of the guilty plea; aggravating factors included breach of conditional liberty and prior convictions, without sufficient evidence for special circumstances or rehabilitation.

Court Disposition

Offender convicted and sentenced to imprisonment.

Orders

  • Offender is convicted of the offence.
  • Sentence of imprisonment: three years and five months commencing 20 June 2017, expiring 19 November 2020.