R v Turk [2000] NSWSC 1071

R v Turk [2000] NSWSC 1071

The prisoner deliberately sought out the deceased shortly after being assaulted, chose private revenge rather than going to police, and stabbed the deceased intending to cause really serious bodily harm. Although the Court was not satisfied he intended to kill, had planned revenge over a long period, or had deliberately armed himself for the attack, the murder was objectively very serious; his violent criminal record, lack of remorse and absence of special circumstances warranted a sentence of 18 years with a 14-year non-parole period.

Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Criminal Prosecution for Murder / Reasons for Sentence After Jury Verdict of Guilty
Outcome
Term of 18 years imprisonment imposed commencing on 12 March 1999, with a non-parole period of 14 years and first parole eligibility on 11 March 2013.
Legal Topics
['murder' 'intention to Do Really Serious Bodily Harm' 'objective Seriousness' 'prior Criminal Record' 'deterrence' 'protection of Society' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'intention to Do Really Serious Bodily Harm' 'objective Seriousness' 'prior Criminal Record' 'deterrence' 'protection of Society' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Reasons for Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the murder of Kevin William Forrester.' 'Whether the prisoner intended to kill the deceased or intended to do really serious bodily harm.' 'Whether the prisoner had planned the attack by deliberately arming himself with a knife.' "What weight should be given to the prisoner's prior criminal record, lack of remorse, and personal circumstances." 'Whether special circumstances justified departure from the statutory proportion between the sentence and non-parole period.']

Ratio Decidendi

The prisoner deliberately sought out the deceased shortly after being assaulted, chose private revenge rather than going to police, and stabbed the deceased intending to cause really serious bodily harm. Although the Court was not satisfied he intended to kill, had planned revenge over a long period, or had deliberately armed himself for the attack, the murder was objectively very serious; his violent criminal record, lack of remorse and absence of special circumstances warranted a sentence of 18 years with a 14-year non-parole period.

Court Disposition

Term of 18 years imprisonment imposed commencing on 12 March 1999, with a non-parole period of 14 years and first parole eligibility on 11 March 2013.

Orders

  • ['Andrew Mark Turk is sentenced to a term of eighteen years imprisonment.' 'The sentence is taken to have commenced on 12 March 1999.' 'A non-parole period of fourteen years is specified.' 'The first date on which he will be eligible to be released on parole is 11 March 2013.']