R v Yavuz (No. 6) [2019] NSWSC 95

R v Yavuz (No. 6) [2019] NSWSC 95

Although the offender was severely provoked and in a heightened state of arousal after an unprovoked assault, he had time to reflect before seeking out the victim with a knife, and the offence, while low in the mid-range of objective seriousness, merits a lengthy custodial sentence with a non-parole period of 15 years and 9 months and a total term of 21 years, as he intended to inflict grievous bodily harm. Lack of genuine remorse and aggravating factors, including use of a weapon and the offence occurring at the victim's home, were relevant. No special circumstances were found to reduce the non-parole period.

Parties
Prosecution: Crown; Accused: John Can Yavuz
Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Conviction and sentence; convicted and sentenced after trial by jury.
Legal Topics
Murder, Manslaughter, Sentencing, Provocation, Use of Weapon, Aggravating Factors, Remorse, Rehabilitation, Objective Seriousness
Criminal Law Murder Manslaughter Sentencing Provocation Use of Weapon Aggravating Factors Remorse +2 more

Case Brief

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Parties

Crown

Prosecution

John Can Yavuz

Accused

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Whether the offender intended to kill the victim or to inflict grievous bodily harm
  2. 2 Objective seriousness of the offence
  3. 3 Aggravating and mitigating factors relevant to sentence

Ratio Decidendi

Although the offender was severely provoked and in a heightened state of arousal after an unprovoked assault, he had time to reflect before seeking out the victim with a knife, and the offence, while low in the mid-range of objective seriousness, merits a lengthy custodial sentence with a non-parole period of 15 years and 9 months and a total term of 21 years, as he intended to inflict grievous bodily harm. Lack of genuine remorse and aggravating factors, including use of a weapon and the offence occurring at the victim's home, were relevant. No special circumstances were found to reduce the non-parole period.

Court Disposition

Conviction and sentence; convicted and sentenced after trial by jury.

Orders

  • Offender sentenced to a non-parole period of 15 years and 9 months commencing 13 November 2015 and expiring 12 August 2031.
  • Balance of term: 5 years and 3 months expiring 12 November 2036.