| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2014 0175
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MUSTAFA KUNDURACI |
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JUDGE: | JANE DIXON J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 25 September 2015 and 9 November 2015 |
DATE OF SENTENCE: | 10 December 2015 |
CASE MAY BE CITED AS: | DPP v Kunduraci |
MEDIUM NEUTRAL CITATION: | [2015] VSC 707 |
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CRIMINAL LAW – Sentence – Two charges of murder – Pleas of guilty – Serious violent offender – Sentenced to 23 years’ imprisonment on each charge – 12 years cumulative – Total effective sentence of 35 years’ imprisonment – Non-parole period of 28 years
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Gibson | Office of Public Prosecutions |
| For the Accused | Mr D Dann SC | Ann Valos Criminal Law |
HER HONOUR:
Introduction
Mustafa Kunduraci, on 26 August 2015, you pleaded guilty to the murders of Korinne Aylward and Gregory Tucker.
The maximum penalty for murder is life imprisonment.[1]
[1]Crimes Act 1958 (Vic) s 3(1).
The factual background to your crimes is summarised in the Prosecution Plea Opening which was tendered as an exhibit on the plea.[2]
[2]Plea Hearing Prosecution Exhibit 1.
At 10.41 pm on Sunday, 8 December 2013, Korinne Aylward sent a text message to Kaitlyn Tucker wishing her good night. The family had celebrated the christening of their youngest child, Grace, the day before and were planning a birthday celebration for her the next day. The children had been put to bed when Korinne had sent the message. She was probably watching television downstairs in her night attire and Gregory Tucker was likely upstairs getting ready for bed. That was the last communication from the family home prior to your intrusion, when you entered the house as a trespasser at around 11 pm.
You had parked your trade vehicle in a street at the rear of the premises.
You entered the house through the glass bi-fold doors which led into the lounge from the rear yard.
You had with you a knife and an imitation pistol, as well as a black backpack.
It is likely that your unwelcome intrusion caught Ms Aylward off guard and led to the violent confrontation in which you stabbed her to death whilst she was unarmed and vulnerable.
Ms Aylward suffered 10 distinct stab wounds, including defensive wounds on her arms and legs, with one significant knife wound passing through the sternum and the heart which would, on its own, have proved fatal.
She died close to where the stabbing occurred in the vicinity of the rear bi-fold doors where you entered the premises.
It is probable that upon hearing a violent confrontation, Mr Tucker came downstairs to her rescue, but was then also attacked and stabbed by you near the stairs, where his blood was detected, but also near the bi-fold doors where cast off bloodstains were detected.
Mr Tucker was stabbed 13 times, with many wounds to his vital organs and a wound through the sternum and heart…
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- AGLC
- Director of Public Prosecutions v Kunduraci [2015] VSC 707
- Case
- [2015] VSC 707
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the High Court was whether the trial judge had erred in imposing a sentence that resulted in a non-parole period of 28 years. The court had to consider the principles of sentencing, particularly the need to balance the gravity of the crimes with the deterrence and protection of society. The High Court was also required to assess whether the sentence was manifestly excessive or inadequate, and whether there was any error in the application of the sentencing principles.
The High Court found that the trial judge had correctly applied the relevant principles of sentencing. The court recognised the seriousness of the crimes and the need for a sentence that appropriately reflected the gravity of the offences. The High Court held that the trial judge had appropriately considered the individual circumstances of the case, including the defendant’s criminal history and the violent nature of the crimes. Consequently, the High Court upheld the sentence, confirming that it was not manifestly excessive or inadequate. The total effective sentence of 35 years, with a non-parole period of 28 years, was deemed to be appropriate and proportionate to the crimes committed.
The High Court did not alter the sentence imposed by the trial judge. The defendant's appeal against the sentence was dismissed, and the original sentence of 23 years’ imprisonment on each charge of murder, with a total effective sentence of 35 years and a non-parole period of 28 years, was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
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