R v Eyuboglu (No 3) [2019] NSWSC 414

Supreme Court New South Wales

Medium Neutral Citation: R v Eyuboglu (No 3) [2019] NSWSC 414 Hearing dates: 22 March 2019 Decision date: 12 April 2019 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1) Convicted of murder.

(2) I impose a non-parole period of 14 years, to commence on 31 October 2017 and to expire on 30 October 2031. That will be followed by a parole period of 5 years, to commence on 31 October 2031 and expire on 30 October 2036.

(To express my sentence another way, I have imposed a head sentence of 19 years with a non-parole period of 14 years, with a full backdate.)

(3) The first date upon which it appears the offender will be eligible for possible release to parole is 30 October 2031. Catchwords: CRIMINAL LAW – sentence – offender found guilty of murder after trial by judge alone – offender very close to establishing partial defence of substantial impairment – discussion of objective and subjective features – intention to kill – offender suffering from schizophrenia – balancing of objective gravity with substantial reduction in moral culpability – sentence imposed Cases Cited: R v Eyuboglu (No 2) [2019] NSWSC 285 Category: Sentence Parties: Regina (Crown) Gokhan Eyuboglu (Accused) Representation: Counsel: C Everson (Crown) A Evers (Accused)

Solicitors: Directors of Public Prosecutions (Crown) McGirr Lawyers (Accused) File Number(s): 2017/329217 Publication restriction: Nil