Ozan v R [2021] NSWCCA 231

Ozan v R [2021] NSWCCA 231

The sentencing judge erred by partially accumulating the non-parole period, further exceeding the statutory ratio, without sufficient explanation in light of: (1) the already high statutory ratio resulting from the Western Australian sentence, (2) the unopposed submission that the overall non-parole period not be...

Source-derived case information.

Parties
Applicant: Yavuz Ozan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
29 September 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; applicant resentenced
Legal Topics
Appeal Against Sentence, Principle of Totality, Supply Prohibited Drug, Proceed of Crime, Concurrent/cumulative Sentence, Aggregate Sentence
Criminal Law Appeal Against Sentence Principle of Totality Supply Prohibited Drug Proceed of Crime Concurrent/cumulative Sentence Aggregate Sentence

Source-derived case record

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 4 Authorities cited 23 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Yavuz Ozan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred regarding the principle of totality by adding 6 months to the existing custodial sentence imposed in Western Australia for related charges, resulting in a manifestly excessive overall custodial sentence

Ratio Decidendi

The sentencing judge erred by partially accumulating the non-parole period, further exceeding the statutory ratio, without sufficient explanation in light of: (1) the already high statutory ratio resulting from the Western Australian sentence, (2) the unopposed submission that the overall non-parole period not be increased due to the applicant's lengthy period of incarceration and progress in rehabilitation, and (3) failure to consider the applicant's demonstrated rehabilitation. Resentencing is required, resulting in an aggregate term of imprisonment of 4 years commencing 25 February 2021 and expiring 24 February 2025, with a non-parole period of 1 year, expiring on 24 February 2022,...

Court Disposition

Appeal allowed; sentence quashed; applicant resentenced

Orders

  • Grant leave to appeal
  • Allow the appeal