R v DOGAN [2011] NSWDC 86

R v DOGAN [2011] NSWDC 86

Given the objective seriousness of the offences, the young age and special circumstances of the offender, his early plea and limited assistance, and the principle of totality, the sentences are reduced but must remain substantial; overall, the offender is sentenced to a non-parole period of four years and a total head sentence of seven years.

Parties
Prosecutor: The Crown; Offender: Erkan Dogan
Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment
Legal Topics
Sentence, Possess Unregistered Firearms, Possess Precursor, Conceal Serious Indictable Offences
Criminal Law Sentence Possess Unregistered Firearms Possess Precursor Conceal Serious Indictable Offences

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Parties

The Crown

Prosecutor

Erkan Dogan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for possessing unregistered firearms
  2. 2 Appropriate sentence for possessing precursor (safrole)
  3. 3 Appropriate sentence for concealing serious indictable offences

Ratio Decidendi

Given the objective seriousness of the offences, the young age and special circumstances of the offender, his early plea and limited assistance, and the principle of totality, the sentences are reduced but must remain substantial; overall, the offender is sentenced to a non-parole period of four years and a total head sentence of seven years.

Court Disposition

Sentenced to imprisonment

Orders

  • Concealing serious indictable offence: fixed term of eighteen months from 13 February 2010
  • Possessing precursor: fixed term of eighteen months from 13 February 2011