R v Kilincer (Sentence) [2022] NSWSC 1625

R v Kilincer (Sentence) [2022] NSWSC 1625

The extremely brutal murder of Mr Dastan by his employee Kubilay Kilincer, motivated by theft and loss of employment, accompanied by aggravating factors of breach of trust, absence of remorse, and subsequent efforts to deflect investigation, required a severe sentence. In sentencing, the Court applied relevant principles from 1995, while recognising delay and some rehabilitation.

Jurisdiction
Australia
Judgment Date
30 November 2022
Procedural Posture
Criminal / Sentencing
Outcome
Guilty; sentenced to imprisonment.
Legal Topics
['sentencing' 'murder' 'delay in Prosecution' 'aggravating Factors' 'remorse']
['criminal Law'] ['sentencing' 'murder' 'delay in Prosecution' 'aggravating Factors' 'remorse']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determination of appropriate sentence for murder committed in 1995' 'Application of mid-1990s sentencing patterns' 'Assessment of aggravating and mitigating factors including delay, rehabilitation, and remorse']

Ratio Decidendi

The extremely brutal murder of Mr Dastan by his employee Kubilay Kilincer, motivated by theft and loss of employment, accompanied by aggravating factors of breach of trust, absence of remorse, and subsequent efforts to deflect investigation, required a severe sentence. In sentencing, the Court applied relevant principles from 1995, while recognising delay and some rehabilitation.

Court Disposition

Guilty; sentenced to imprisonment.

Orders

  • ['Kubilay Kilincer is sentenced to a term of imprisonment of 22 years, dated from 20 April 2022 and expiring on 19 April 2044.' 'Non-parole period is 16 years and 6 months, expiring on 19 October 2038.']