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

Supreme Court New South Wales

Medium Neutral Citation: R v Yavuz (No. 6) [2019] NSWSC 95 Hearing dates: 12 November 2018; 14 – 16 November 2018; 19 – 23 November 2018; 26 November 2018 & 30 January 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Common Law - Criminal Before: Davies J Decision: The offender is sentenced to a non-parole period of 15 years and 9 months commencing 13 November, 2015 and expiring 12 August 2031 with a balance of term of 5 years and 3 months expiring 12 November 2036. Catchwords: CRIMINAL LAW – sentence – murder – where victim assaulted offender without provocation – offender injured in assault – offender returns home, collects knife, seeks out victim and stabs him – plea to manslaughter not accepted – convicted after trial –whether the offender intended to kill or to inflict grievous bodily harm – aggravating factors – the use of a weapon – offence committed on the front steps of the victim's home where the victim was required to reside in the premises as a condition of bail – offence not aggravated by the presence of a child where the child did not see the stabbing or realise it had occurred – offence low in the mid-range of objective seriousness - absence of remorse – low risk of re-offending and good prospects of rehabilitation – provocation resulting in a heightened state of arousal – absence of special circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 10, 21A(3)(i), 61(1) Cases Cited: Alesbhi v R; Esbhi v R [2018] NSWCCA 30 Beldon v R [2012] NSWCCA 194 Carr v R [2009] NSWSC 995 JB v R [2012] NSWCCA 12 Jonson v R [2016] NSWCCA 286 R v Do (No. 4) [2015] NSWSC 512 R v Ronald Shiels [2011] NSWSC 1177 R v Towney (No. 2) [2016] NSWSC 97 Texts Cited: Nil Category: Principal judgment Parties: Crown John Can Yavuz (Accused) Representation: Counsel: N Williams & S Hughes (Crown) S Littlemore QC (Accused)