Yavuz v R [2020] NSWCCA 226

Yavuz v R [2020] NSWCCA 226

The conviction appeal failed because, on the whole of the evidence, it was reasonably open to the jury to be satisfied beyond reasonable doubt that a stab wound inflicted by the applicant caused the deceased's death. The deceased was already in a grave condition before medical intervention, the expert evidence did not attribute death to the intervention, the eyewitness accounts did not preclude the fatal wound or more than one wound being inflicted by the applicant, and the jury could accept that a wound was missed at the scene. The sentence appeal did not warrant leave because the asserted causation error failed with the conviction appeal, the provocation point was not pressed, the...

Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against conviction granted but conviction appeal dismissed; leave to appeal against sentence refused.
Legal Topics
['murder' 'unreasonable Verdict' 'causation' 'leave to Appeal' 'objective Seriousness' 'delay' 'manifestly Excessive Sentence']
['criminal Law' 'criminal Procedure' 'sentencing'] ['murder' 'unreasonable Verdict' 'causation' 'leave to Appeal' 'objective Seriousness' 'delay' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the verdict of guilty for murder was unreasonable or could not be supported by the evidence because causation of death was not proved beyond reasonable doubt.' 'Whether the sentencing judge erred in assessing the objective criminality of the offence.' 'Whether delay in bringing the matter to trial was properly considered on sentence.' "Whether the sentence of 21 years' imprisonment with a non-parole period of 15 years and 9 months was manifestly excessive."]

Ratio Decidendi

The conviction appeal failed because, on the whole of the evidence, it was reasonably open to the jury to be satisfied beyond reasonable doubt that a stab wound inflicted by the applicant caused the deceased's death. The deceased was already in a grave condition before medical intervention, the expert evidence did not attribute death to the intervention, the eyewitness accounts did not preclude the fatal wound or more than one wound being inflicted by the applicant, and the jury could accept that a wound was missed at the scene. The sentence appeal did not warrant leave because the asserted causation error failed with the conviction appeal, the provocation point was not pressed, the...

Court Disposition

Leave to appeal against conviction granted but conviction appeal dismissed; leave to appeal against sentence refused.

Orders

  • ['Grant leave to appeal against the conviction, but dismiss the appeal against conviction.' 'Refuse leave to appeal against sentence.']