R v Coskun (No 5) [2022] NSWSC 1216

R v Coskun (No 5) [2022] NSWSC 1216

The offender and another armed intruder invaded a home at night to rob a drug dealer of drugs or money; the offender fired 10 rounds from a .40 calibre handgun, killing John Odisho and wounding Sargon Odisho. Both offences were above the mid-range of objective seriousness, aggravated by offending in company, the use of firearms, the presence of three victims and the gunshot wounding, while the offender's deprived and abusive background, mental health history and harsher COVID-19 custody conditions mitigated sentence but did not establish remorse or special circumstances. A high degree of concurrency was required to avoid double punishment for the foundational offence of constructive...

Jurisdiction
Australia
Judgment Date
15 September 2022
Procedural Posture
Criminal Sentencing for Murder and Attempted Robbery Whilst Armed With a Dangerous Weapon / Sentence After Jury Verdicts of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 34 years with a non-parole period of 25 years and 6 months.
Legal Topics
['constructive Murder' 'attempted Robbery Whilst Armed With a Dangerous Weapon' 'home Invasion' 'aggravating Factors' 'objective Seriousness' 'aggregate Sentence' 'concurrency and Accumulation' 'totality' 'non Parole Period']
['criminal Law' 'sentencing'] ['constructive Murder' 'attempted Robbery Whilst Armed With a Dangerous Weapon' 'home Invasion' 'aggravating Factors' 'objective Seriousness' 'aggregate Sentence' 'concurrency and Accumulation' 'totality' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Murder and Attempted Robbery Whilst Armed With a Dangerous Weapon / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for murder and attempted robbery whilst armed with a dangerous weapon committed during a home invasion.' 'Whether both intruders were armed and whether the offender fired the .40 calibre handgun including the fatal shot.' "What aggravating and mitigating factors affected the objective seriousness of the offences and the offender's subjective case." 'What degree of concurrency and accumulation was appropriate in an aggregate sentence for constructive murder and attempted armed robbery.']

Ratio Decidendi

The offender and another armed intruder invaded a home at night to rob a drug dealer of drugs or money; the offender fired 10 rounds from a .40 calibre handgun, killing John Odisho and wounding Sargon Odisho. Both offences were above the mid-range of objective seriousness, aggravated by offending in company, the use of firearms, the presence of three victims and the gunshot wounding, while the offender's deprived and abusive background, mental health history and harsher COVID-19 custody conditions mitigated sentence but did not establish remorse or special circumstances. A high degree of concurrency was required to avoid double punishment for the foundational offence of constructive...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 34 years with a non-parole period of 25 years and 6 months.

Orders

  • ['Convicted.' 'Sentenced to an aggregate term of imprisonment of 34 years with a non-parole period of 25 years and 6 months.' 'The sentence is to date from 2 April 2019 and expire on 1 April 2053.' 'The non-parole period will expire on 1 October 2044 whereupon the offender will become eligible for release on...