R v Dastan [2024] NSWSC 55

R v Dastan [2024] NSWSC 55

The court was satisfied beyond reasonable doubt that Cem Jim Dastan was the person who fired the shots that killed Craig Anderson and that the killing involved planning, intention to kill, and a high level of objective seriousness slightly above mid-range. Dastan's traumatic upbringing and mental health reduce moral culpability, but absence of remorse and persistent denial preclude mitigation for contrition. Special circumstances warranted a departure from the standard non-parole ratio. Dastan was sentenced for murder to 21 years' imprisonment (15 years 6 months non-parole), and for participating in a criminal group to 18 months' imprisonment, with the first parole eligibility date 27...

Jurisdiction
Australia
Judgment Date
23 February 2024
Procedural Posture
Criminal / Sentence
Outcome
Cem Jim Dastan sentenced to imprisonment for murder (21 years, non-parole 15 years 6 months) and for participating in a criminal group (18 months), with specific commencement and expiry dates, non-accumulated. First parole eligibility 27 November 2034.
Legal Topics
['murder' 'sentence' 'objective Seriousness' 'criminal Group' 'planning and Intent' 'rehabilitation' 'remorse' 'parity' 'special Circumstances' 'deterrence' 'crimes Act 1900 (nsw) S 93 T' 'crimes (high Risk) Offenders Act 2006 (nsw) S 25 C']
['criminal Law'] ['murder' 'sentence' 'objective Seriousness' 'criminal Group' 'planning and Intent' 'rehabilitation' 'remorse' 'parity' 'special Circumstances' 'deterrence' 'crimes Act 1900 (nsw) S 93 T' 'crimes (high Risk) Offenders Act 2006 (nsw) S 25 C']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Cem Jim Dastan was the shooter who killed Craig Anderson' 'Appropriate sentence for murder and participating in a criminal group' 'Assessment of objective seriousness and moral culpability' 'Special circumstances in sentencing']

Ratio Decidendi

The court was satisfied beyond reasonable doubt that Cem Jim Dastan was the person who fired the shots that killed Craig Anderson and that the killing involved planning, intention to kill, and a high level of objective seriousness slightly above mid-range. Dastan's traumatic upbringing and mental health reduce moral culpability, but absence of remorse and persistent denial preclude mitigation for contrition. Special circumstances warranted a departure from the standard non-parole ratio. Dastan was sentenced for murder to 21 years' imprisonment (15 years 6 months non-parole), and for participating in a criminal group to 18 months' imprisonment, with the first parole eligibility date 27...

Court Disposition

Cem Jim Dastan sentenced to imprisonment for murder (21 years, non-parole 15 years 6 months) and for participating in a criminal group (18 months), with specific commencement and expiry dates, non-accumulated. First parole eligibility 27 November 2034.

Orders

  • ['For the murder of Craig Anderson on 27 May 2019 at Doonside in the State of New South Wales, Cem Jim Dastan sentenced to imprisonment for 21 years commencing 27 May 2019 and expiring 26 May 2040 with a non-parole period of 15 years and 6 months expiring 26 November 2034.' 'For participating in a criminal group on...