R v Erdogan [2023] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: R v Erdogan [2023] NSWSC 101 Hearing dates: 21 October 2022 Decision date: 17 February 2023 Jurisdiction: Common Law Before: Ierace J Decision: The offender is sentenced to term of imprisonment comprising a non-parole period of 24 years and a balance of term of 11 years, being a total sentence of 35 years. The sentence is backdated to commence from 27 April 2019. The first date on which the offender will be eligible for release is 26 April 2043. The total sentence will expire on 26 April 2054. Catchwords: SENTENCE – Murder – Where offender instigated murder of victim – Where jury unable to reach verdict on kidnapping charge – Victim tortured over extended period and then repeatedly stabbed – No remorse and guarded prospects of rehabilitation Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v Robertson; R v Hopkinson [2021] NSWSC 861 Savvas v R (1995) 183 CLR 1; [1995] HCA 29 Category: Sentence Parties: Rex Yigit Can Erdogan (Offender) Representation: Counsel: K McKay SC (Crown) A Webb (Offender)

Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) Macquarie Law Group (Offender) File Number(s): 2019/96561

Judgment 1. HIS HONOUR: Yigit Can Erdogan (the offender) is to be sentenced for the murder of Justin Tsang on 12 March 2019, for which he is convicted, following a trial by jury. Joel Robertson and Christopher Hopkinson (the co-offenders) were sentenced for the same offence prior to the offender's trial: R v Robertson; R v Hopkinson [2021] NSWSC 861. 2. The indictment contained two counts, the charge of murder being the second. The first count, to which the offender also pleaded not guilty, was that on the same date he detained Mr Tsang without his consent and in the company of the co-offenders, with the intention of obtaining a financial advantage, and at the time of the detention actual bodily harm was occasioned to Mr Tsang, contrary to s 86(3) of the Crimes Act 1900 (NSW). On that count, the jury were unable to agree on a verdict and the Director of Public Prosecutions (DPP) has determined to not proceed to a retrial. 3. The maximum penalty for the offence of murder is life imprisonment (Crimes Act, s 19A(1)), although it may be reduced to a sentence of imprisonment for a specified term (Crimes (Sentencing Procedure) Act 1999 (NSW) ("CSP Act"), s 21(1)), subject to the Court's finding as to the offender's level of culpability (CSP Act, s 61(1)). If a sentence of imprisonment for a specified term is imposed, a standard non-parole period applies, which is 25 years in the case of the victim being a child at the time, that is, aged under 18 years. Mr Tsang was aged 17 years and two months.