Irmak v R; Dagdanasar v R [2021] NSWCCA 178

Irmak v R; Dagdanasar v R [2021] NSWCCA 178

The verdicts returned by the jury were open based on evidence of injury, presence, participation in joint criminal enterprise, and proper instructions regarding consent; errors asserted in findings of fact were not made out; assessment of objective seriousness in sentencing, comparison with other cases, and aggregate sentences imposed were proportionate and supported by evidence; no miscarriage of justice or manifest excess established.

Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeals Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed; leave to appeal granted
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'aggravated Sexual Assault in Company' 'pharmacological Evidence' 'actual Bodily Harm' 'consent' 'objective Gravity' 'manifest Excess' 'comparable Sentences']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'aggravated Sexual Assault in Company' 'pharmacological Evidence' 'actual Bodily Harm' 'consent' 'objective Gravity' 'manifest Excess' 'comparable Sentences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Appeals Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether verdicts of guilty were unreasonable' 'Whether there was sufficient evidence of reckless infliction of actual bodily harm' "Whether Crown's use of pharmacological evidence improperly conflated intoxication and incapacity to consent" 'Whether errors in findings of fact affected sentence' 'Correctness of assessment of objective gravity and manifest excess in sentencing' 'Use of comparable cases in establishing error']

Ratio Decidendi

The verdicts returned by the jury were open based on evidence of injury, presence, participation in joint criminal enterprise, and proper instructions regarding consent; errors asserted in findings of fact were not made out; assessment of objective seriousness in sentencing, comparison with other cases, and aggregate sentences imposed were proportionate and supported by evidence; no miscarriage of justice or manifest excess established.

Court Disposition

Appeals against conviction and sentence dismissed; leave to appeal granted

Orders

  • ["With respect to Ali Irmak: leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed; non-publication order regarding Irmak's name lifted" 'With respect to Ruhi Dagdanasar: leave to appeal against conviction granted;...