R v Halacoglu [2019] NSWDC 384

R v Halacoglu [2019] NSWDC 384

Given the offence was at the very low end of objective seriousness, the offender had no criminal record, had pleaded guilty, had been on bail with strict conditions for almost three years without further offending, and the court had regard to his character and antecedents, it was appropriate to find the offence proved but dismiss the charge without proceeding to conviction under s 19B(1)(c) of the Crimes Act 1914 (Cth).

Jurisdiction
Australia
Judgment Date
07 May 2019
Procedural Posture
Sentence / Sentencing After Plea of Guilty
Outcome
Offence proved; charge dismissed without proceeding to conviction pursuant to s 19B(1)(c) of the Crimes Act 1914 (Cth).
Legal Topics
['using a Carriage Service to Menace' 'dismissal Without Conviction' 'mitigating Factors' 'good Character' 'no Previous Convictions' 'plea of Guilty']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['using a Carriage Service to Menace' 'dismissal Without Conviction' 'mitigating Factors' 'good Character' 'no Previous Convictions' 'plea of Guilty']

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Procedural Posture

Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Whether the offender should be dealt with under s 19B of the Crimes Act 1914 (Cth) after the offence was proved.' "What sentence or order was appropriate having regard to the objective seriousness of the offence and the offender's character and antecedents."]

Ratio Decidendi

Given the offence was at the very low end of objective seriousness, the offender had no criminal record, had pleaded guilty, had been on bail with strict conditions for almost three years without further offending, and the court had regard to his character and antecedents, it was appropriate to find the offence proved but dismiss the charge without proceeding to conviction under s 19B(1)(c) of the Crimes Act 1914 (Cth).

Court Disposition

Offence proved; charge dismissed without proceeding to conviction pursuant to s 19B(1)(c) of the Crimes Act 1914 (Cth).

Orders

  • ['I find the offence proved.' 'Without proceeding to conviction the charge is dismissed pursuant to s 19B(1)(c) of Crimes Act 1914 (Cth).']