R v Turkmani [2023] NSWDC 500

R v Turkmani [2023] NSWDC 500

The Court found Bassam Turkmani guilty of multiple property and violent offences. Taking into account the offences' objective seriousness, aggravating and mitigating factors—including his severe substance abuse disorder causally linked to offending, successful rehabilitation, demonstrated remorse, and reduced moral culpability—the judge determined that a sentence of imprisonment was required. The aggregate sentence was reduced for pre-sentence custody and ordered to be served by way of an Intensive Corrections Order, as this best protected the community and supported ongoing rehabilitation.

Jurisdiction
Australia
Judgment Date
15 November 2023
Procedural Posture
Criminal / Sentence
Outcome
Bassam Turkmani is convicted. Aggregate sentence of 2 years and 6 months imprisonment imposed, to be served as an Intensive Corrections Order from 15 November 2023 to 14 May 2026.
Legal Topics
['property Offences' 'break and Enter' 'serious Indictable Offence' 'use Offensive Weapon' 'prevent Lawful Detention' 'sentencing' 'aggregate Sentencing' 'intensive Corrections Order']
['criminal Law'] ['property Offences' 'break and Enter' 'serious Indictable Offence' 'use Offensive Weapon' 'prevent Lawful Detention' 'sentencing' 'aggregate Sentencing' 'intensive Corrections Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for multiple property and violent offences including break and enter, larceny, use of offensive weapon to prevent lawful detention, and related offences under the Crimes Act 1900' 'Consideration of mitigating and aggravating factors in sentencing' 'Whether sentence should be served by way of an Intensive Corrections Order']

Ratio Decidendi

The Court found Bassam Turkmani guilty of multiple property and violent offences. Taking into account the offences' objective seriousness, aggravating and mitigating factors—including his severe substance abuse disorder causally linked to offending, successful rehabilitation, demonstrated remorse, and reduced moral culpability—the judge determined that a sentence of imprisonment was required. The aggregate sentence was reduced for pre-sentence custody and ordered to be served by way of an Intensive Corrections Order, as this best protected the community and supported ongoing rehabilitation.

Court Disposition

Bassam Turkmani is convicted. Aggregate sentence of 2 years and 6 months imprisonment imposed, to be served as an Intensive Corrections Order from 15 November 2023 to 14 May 2026.

Orders

  • ['Bassam Turkmani is convicted.' 'Aggregate sentence of imprisonment of 2 years and 6 months imposed.' 'The sentence is to be served by way of an Intensive Corrections Order (ICO) from 15 November 2023 to 14 May 2026.' 'Offender must report to St Leonards Community Corrections on or before 4pm, 22 November 2023.'...