R v Yusuf AYTUGRUL [2009] NSWSC 275

R v Yusuf AYTUGRUL [2009] NSWSC 275

The offender’s culpability, the pre-offence campaign of stalking and intimidation, the offender’s obsession, the brutality of the murder, and the weapon’s use place the offence above the mid-range of seriousness but do not warrant a life sentence. Absence of prior record and prior good character are mitigating. Not satisfied on the evidence that the offence was premeditated. Therefore, a determinate sentence with a non-parole period above the standard applies.

Jurisdiction
Australia
Judgment Date
16 April 2009
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to a non-parole period of 21 years and a balance of term of 7 years; eligible for release on parole on 4 June 2028; sentence dated from 5 June 2007.
Legal Topics
['murder' 'sentencing' 'stalking' 'aggravating and Mitigating Factors']
['criminal Law'] ['murder' 'sentencing' 'stalking' 'aggravating and Mitigating Factors']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for Yusuf Aytugrul following his conviction for murder?' 'Does the objective seriousness of the offence require the imposition of a life sentence?' 'Are there aggravating or mitigating features that affect the sentence to be imposed?']

Ratio Decidendi

The offender’s culpability, the pre-offence campaign of stalking and intimidation, the offender’s obsession, the brutality of the murder, and the weapon’s use place the offence above the mid-range of seriousness but do not warrant a life sentence. Absence of prior record and prior good character are mitigating. Not satisfied on the evidence that the offence was premeditated. Therefore, a determinate sentence with a non-parole period above the standard applies.

Court Disposition

Sentenced to a non-parole period of 21 years and a balance of term of 7 years; eligible for release on parole on 4 June 2028; sentence dated from 5 June 2007.

Orders

  • ['Convicted' 'Sentenced to imprisonment comprising a non-parole period of 21 years and a balance of the term of 7 years.' 'Sentence to date from 5 June 2007.' 'Eligible for release on parole on 4 June 2028.']