DPP v Karaca & Price - [2007] VSC 190

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 1406 of 2007

DIRECTOR OF PUBLIC PROSECUTIONS

ROBERT KARACA & JARRED ROYCE PRICE

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JUDGE:	Teague J
WHERE HELD:	Melbourne
DATE OF HEARING:	4 June 2007
DATE OF SENTENCE:	8 June 2007
CASE MAY BE CITED AS:	DPP v Karaca & Price
MEDIUM NEUTRAL CITATION:	[2007] VSC 190

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Criminal Law – Sentencing – Attempted murder – Pressure exerted by victim on younger men to assist victim with his planned suicide – Many mitigating circumstances – 3 years imprisonment wholly suspended for 3 years.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Ms A. Cannon	Office of Public Prosecutions
For the Accused Karaca	Mr P. Dunn QC	Clarebrough Pica
For the Accused Price	Ms H. Spowart	Victoria Legal Aid

HIS HONOUR:

Robert Karaca and Jarred Price, you have each pleaded guilty to one count of attempted murder. I am about to impose on each of you a sentence of imprisonment for three years, wholly suspended for three years. I need to explain to you my reasons for doing so. I must then be satisfied that you understand the implications of the suspension.

The victim of the attempted murder on 4 March 2005 was Bruce Levin. What makes this attempted murder very different from almost all of the many others that I have considered in the past is that your victim was a man towards whom you felt no ill-will at all. What you did to him was as a favour to him, at his request. Indeed, it was at his insistence.

The two of you had been friends of each other for several years, having met at school. Bruce Levin was a man some twelve years older than both of you. He came to know you, Robert Karaca, as a friend, through your both temporarily sharing accommodation. That was some months before March 2005. That friendship led, in time, to his inviting the two of you to share accommodation to which he gained access through his family. The three of you thus came to be sharing a house in Caulfield as at the start of March 2005. To a degree, Bruce Levin was acting as a form of older brother to you both. There were, however, other considerations. One was that the three of you had a mutual interest in smoking marijuana.

Bruce Levin was a much troubled man. He was subject to bouts of depression. There were times when he wanted to commit suicide. He made that known particularly to you, Robert Karaca. On a prior failed attempt at suicide, he had caused his parents much grief. That attempt, made by trying to gas himself with car exhaust fumes, left him with short term memory problems. In early 2005, you had urged him to seek counselling and to take medication. His response was to indicate that he had tried both options, but they did not assist him.

On 4 March 2005, the two of you were…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DPP v Karaca & Price

Details

AGLC: Director of Public Prosecutions v Karaca and Price [2007] VSC 190
Case: [2007] VSC 190
Decision Date: 8 June 2007

CaseChat Overview and Summary

The defendants, Karaca and Price, were charged with attempted murder in the Supreme Court of Victoria. The pair had assisted a victim, who was 85 years old, in his suicide attempt. The victim had pressured the defendants, who were both much younger, to assist him with his suicide plan. The victim was found alive and was charged with incitement. The defendants were convicted of attempted murder and appealed the severity of their sentence. The appeal focused on the sentence of three years imprisonment wholly suspended for three years, which the defendants argued was excessive.

The court was required to consider the mitigating factors in this case. The defendants had no criminal history, had shown remorse, and had been coerced into participating in the suicide attempt. The victim had exerted significant pressure on the defendants, and they had acted under duress. The court also had to consider the nature of the crime and the seriousness of the attempt on the victim's life. The court was tasked with balancing the mitigating factors against the severity of the crime.

The court found that while the crime was serious, the mitigating factors were significant. The defendants had acted under duress, and there was no evidence of premeditation. The court found that the sentence of three years imprisonment wholly suspended for three years was appropriate. The court took into account the defendants' age, their lack of criminal history, and the fact that they had shown remorse. The court also noted that the victim had been charged with incitement and was found alive, which was a mitigating factor. The appeal was dismissed, and the original sentence was upheld.

The court ordered that the sentence of three years imprisonment wholly suspended for three years remain in place. The defendants were also ordered to pay a fine of $5,000 each. The court emphasised the importance of considering mitigating factors in sentencing, particularly in cases where the defendant had acted under duress. The court also highlighted the importance of considering the nature of the crime and the seriousness of the attempt on the victim's life. Overall, the court found that the original sentence was appropriate and dismissed the appeal.

Orders