REGINA v Gerry Osman MEHMET [2002] NSWSC 1154

REGINA v Gerry Osman MEHMET [2002] NSWSC 1154

The offender intentionally killed the deceased in an unpremeditated but sustained and ferocious stabbing after a spontaneous loss of control and rage. Although he was under considerable emotional strain, was otherwise of good character, had some remorse, accepted responsibility in the conduct of the trial, had support and good prospects of rehabilitation, the Crown had eliminated provocation and there were no special circumstances. A sentence of eighteen years imprisonment with a non-parole period of thirteen and a half years was appropriate.

Jurisdiction
Australia
Judgment Date
12 December 2002
Procedural Posture
Criminal Sentence for Murder / Sentence After Jury Verdict Convicting the Accused of Murder
Outcome
Sentenced to imprisonment for eighteen years with a non-parole period of thirteen and a half years.
Legal Topics
['murder' 'provocation' 'remorse' 'victim Impact Statements' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'provocation' 'remorse' 'victim Impact Statements' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentence After Jury Verdict Convicting the Accused of Murder

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of his wife." "Whether the offender's emotional strain, loss of control, remorse, good character and prospects of rehabilitation mitigated sentence." 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender intentionally killed the deceased in an unpremeditated but sustained and ferocious stabbing after a spontaneous loss of control and rage. Although he was under considerable emotional strain, was otherwise of good character, had some remorse, accepted responsibility in the conduct of the trial, had support and good prospects of rehabilitation, the Crown had eliminated provocation and there were no special circumstances. A sentence of eighteen years imprisonment with a non-parole period of thirteen and a half years was appropriate.

Court Disposition

Sentenced to imprisonment for eighteen years with a non-parole period of thirteen and a half years.

Orders

  • ['Gerry Osman Mehmet is sentenced to a term of eighteen years imprisonment to date from 17 April 2001.' 'The sentence will expire on 16 April 2019.' 'A non-parole period of thirteen and a half years is specified.' 'The first date upon which the offender will be eligible for consideration for release to parole is 16...