R v Jirjnazi [2022] NSWDC 744

R v Jirjnazi [2022] NSWDC 744

The Court found the offence to be just above mid-range of objective seriousness due to actual violence committed against a vulnerable victim with two young children present and the offender's participation in a joint criminal enterprise while armed. The offender was eligible for consideration of Intensive Corrections Order because of youth, limited criminal history, demonstrated remorse, and significant childhood trauma impacting moral culpability. The Court imposed a two-year sentence to be served by way of Intensive Corrections Order, taking into account periods of pre-sentence custody and home detention and regarded rehabilitation prospects and community safety as paramount under s...

Parties
Prosecution: Rex; Offender: Abdullah Jirjnazi
Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence of imprisonment to be served by Intensive Corrections Order
Legal Topics
Aggravated Break and Enter, Assault With Intent to Rob, Sentencing, Intensive Corrections Order, Home Invasion, Discount for Plea, Subjective Factors
Criminal Law Aggravated Break and Enter Assault With Intent to Rob Sentencing Intensive Corrections Order Home Invasion Discount for Plea Subjective Factors

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Parties

Rex

Prosecution

Abdullah Jirjnazi

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 appropriate sentence for aggravated break and enter and assault with intent to rob while armed
  2. 2 impact of offender's youth and traumatic background on sentencing
  3. 3 applicability of Intensive Corrections Order under Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The Court found the offence to be just above mid-range of objective seriousness due to actual violence committed against a vulnerable victim with two young children present and the offender's participation in a joint criminal enterprise while armed. The offender was eligible for consideration of Intensive Corrections Order because of youth, limited criminal history, demonstrated remorse, and significant childhood trauma impacting moral culpability. The Court imposed a two-year sentence to be served by way of Intensive Corrections Order, taking into account periods of pre-sentence custody and home detention and regarded rehabilitation prospects and community safety as paramount under s...

Court Disposition

conviction and sentence of imprisonment to be served by Intensive Corrections Order

Orders

  • Offender convicted of offence under s 112(2) of the Crimes Act 1900.
  • Sentence of imprisonment for 2 years imposed.