R v Erdogan [2023] NSWSC 101

R v Erdogan [2023] NSWSC 101

The court found the offence of murder to be in the high range of objective seriousness, involving premeditated, prolonged, and exceptionally brutal conduct by the offender, who was the instigator and dominant personality. The offender's youth and mental health conditions slightly reduce moral culpability but are outweighed by the lack of remorse and aggravating features. A non-parole period of 24 years with a total sentence of 35 years appropriately reflects denunciation, deterrence, and protection of the community.

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Criminal / Sentencing Judgment After Conviction by Jury
Outcome
Offender sentenced to imprisonment for 35 years, with a non-parole period of 24 years, sentence backdated to commence from 27 April 2019. First date eligible for release: 26 April 2043. Sentence expires: 26 April 2054.
Legal Topics
['murder' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'moral Culpability' 'objective Seriousness' 'parity With Co Offenders']
['criminal Law'] ['murder' 'sentencing' 'aggravating Factors' 'mitigating Factors' 'moral Culpability' 'objective Seriousness' 'parity With Co Offenders']

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Procedural Posture

Criminal / Sentencing Judgment After Conviction by Jury

Legal Issues

  1. 1 ['Appropriate sentence for murder under Crimes Act 1900 (NSW)' 'Identification of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Degree of moral culpability of offender' 'Objective seriousness of the offence' "Parity with co-offenders' sentences"]

Ratio Decidendi

The court found the offence of murder to be in the high range of objective seriousness, involving premeditated, prolonged, and exceptionally brutal conduct by the offender, who was the instigator and dominant personality. The offender's youth and mental health conditions slightly reduce moral culpability but are outweighed by the lack of remorse and aggravating features. A non-parole period of 24 years with a total sentence of 35 years appropriately reflects denunciation, deterrence, and protection of the community.

Court Disposition

Offender sentenced to imprisonment for 35 years, with a non-parole period of 24 years, sentence backdated to commence from 27 April 2019. First date eligible for release: 26 April 2043. Sentence expires: 26 April 2054.

Orders

  • ['The offender is sentenced to imprisonment for 35 years, comprising a non-parole period of 24 years and a balance of term of 11 years.' 'Sentence to commence on 27 April 2019.' 'Earliest release date: 26 April 2043.' 'Sentence expires 26 April 2054.']