Aytugrul v R [2015] NSWCCA 139

Aytugrul v R [2015] NSWCCA 139

The sentencing judge gave erroneous primacy to the standard non-parole period, affecting the sentencing discretion in a manner contrary to Muldrock v The Queen, requiring the Court to allow the appeal and re-sentence afresh.

Parties
Applicant: Yusuf Aytugrul; Respondent: Regina
Jurisdiction
Australia
Judgment Date
12 June 2015
Procedural Posture
Criminal Appeal / Sentence Appeal; Re Sentencing After Finding of Error
Outcome
Appeal allowed. Sentence set aside. Applicant re-sentenced.
Legal Topics
Sentencing, Murder, Standard Non Parole Period, Muldrock Error
Criminal Law Sentencing Murder Standard Non Parole Period Muldrock Error

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Parties

Yusuf Aytugrul

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal; Re Sentencing After Finding of Error

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the standard non-parole period legislation per Muldrock v The Queen

Ratio Decidendi

The sentencing judge gave erroneous primacy to the standard non-parole period, affecting the sentencing discretion in a manner contrary to Muldrock v The Queen, requiring the Court to allow the appeal and re-sentence afresh.

Court Disposition

Appeal allowed. Sentence set aside. Applicant re-sentenced.

Orders

  • The time in which to file an application for leave to appeal extended to 29 July 2013.
  • Leave to appeal granted.