A Barrack Heights man jailed for almost seven years for breaking into his ex-girlfriend's home and threatening her with a knife in a jealous rage has failed to have his prison sentence reduced on appeal.
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Hakan Yaman, also known as Harry Yaman, had been in a relationship with the woman for four or five years when they split in late 2018 due to ongoing domestic violence.
However, Yaman refused to accept the ending of their romance, nor the terms of the apprehended domestic violence order that prohibited him from contacting the victim or going within 200m of her home.
Court documents reveal Yaman was laying in wait when the woman arrived home on the afternoon of February 19 last year and rushed at her as she opened her apartment door.
The pair struggled on the floor and Yaman put his foot on the victim's head while screaming "how dare you ignore me", and "who are you to tell me it's over".
Offences committed by (mostly) men who, like [Yaman], refuse to accept that a partner or former partner is entitled to a life of her own choosing, must be dealt with sternly by the courts ...
Yaman then went to the kitchen and picked up a knife, before returning to the lounge room and berating the victim for "keeping him out of her life".
The woman yelled at Yaman "if you're going to do it, if you're gunna pull a knife on me, do it", causing Yaman to "back off" to a degree. He then left the unit and the victim reported the incident to police.
Officers went to Yaman's home but couldn't locate him. When they returned the following day, Yaman fled on foot but was later caught on Warilla Beach.
He was taken to Lake Illawarra Police Station and charged with aggravated break and enter (and committing a serious indictable offence), to which he subsequently pleaded guilty.
Judge David Frearson sentenced Yaman to an overall prison term of 6 years and 10 months, and set a non-parole period of 4 years and 6 months, which is due to expire in August 2023.
However, Yaman's legal team lodged an appeal against the sentence in the NSW Court of Criminal Appeal, claiming Judge Frearson had made errors in his decision-making that resulted in a "manifestly excessive" sentence.
Among the errors allegedly to have been made was Judge Frearson's finding that Yaman's crime had involved "significant planning" and that his lengthy criminal history was an aggravating factor.
However, a three-judge CCA panel consisting of justices Elizabeth Fullerton, Helen Wilson and Mark Ierace dismissed Yaman's appeal, finding Judge Frearson had been correct in his assessment of the case.
"Offences committed by (mostly) men who, like [Yaman], refuse to accept that a partner or former partner is entitled to a life of her own choosing, must be dealt with sternly by the courts....to reinforce the right of women to live unmolested by a former partner," the trio's published judgement read.
"Offences involving domestic violence are frequently committed, and the criminal justice system must play a part in protecting those who have been or may be victims of it."
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