| IN THE SUPREME COURT OF VICTORIA | Not restricted | |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2016 0033
Between:
| THE QUEEN | |
| -and- | |
| OMER CICEKDAG | Accused |
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JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 12 October 2017 | |
DATE OF SENTENCE: | 21 December 2017 | |
CASE MAY BE CITED AS: | R v Cicekdag | |
MEDIUM NEUTRAL CITATION: | [2017] VSC 781 | |
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CRIMINAL LAW – Sentence – Manslaughter – Accused and another confronted victim knowing loaded .22 calibre gun would be presented to reinforce demand of victim over drug debt or transfer of car – As victim moved forwards, gun discharged and projectile struck his shoulder, killing him – Accused thereby assisted or encouraged another in commission of unlawful and dangerous act – Victim was accused’s cousin – Director accepts accused to be sentenced as assisting or encouraging offence because unable to prove who was holding gun when discharged – Offence committed while on bail, albeit for comparatively minor matter – Plea of guilty – Remorse – Limited criminal history – Evidence of positively good character – Imprisonment more burdensome for accused knowing (a) killed own cousin and (b) cannot care for his (unwell) wife and family – Accused relatively young (aged 25 at time of offence; 27 now) – Very strong prospects of rehabilitation – Additional punishment in forfeiture of vehicle used in connection with offence – Appropriate case for shorter non-parole period – Sentence of nine years’ imprisonment with non-parole period of five years – But for plea of guilty, sentence of eleven years’ imprisonment with non-parole period of seven-and-a-half years – Crimes Act 1958 (Vic), ss 323, 324 & 324B; Sentencing Act 1991 (Vic), ss 5, 6AAA & 18; Confiscation Act 1997 (Vic), ss 3, 32 & 33.
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Appearances: | Counsel | Solicitors |
| For the Crown | Mr P. Rose QC with Mr D. Hannan | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Mr R. Richter QC with Mr M. Gumbleton | Haines & Polites |
HIS HONOUR:
Overview[1]
[1]The following summary is a precis of the contents of the Summary of Prosecution Opening for Plea (dated 11 October 2017) (Exhibit 1), as supplemented by the evidence received and the information provided by counsel on the plea.
On 10 June 2015, Omer Cicekdag, along with another man, was involved in the shooting of his cousin Ali Ishan Duyar with a .22 calibre handgun. The bullet struck Mr Duyar in the shoulder and travelled into his chest, causing serious internal injuries. Tragically, he died as a result. Inevitably, Mr Duyar’s family were devastated at the loss of their loved one, and always will be.
Initially, Mr Cicekdag was charged with murder. Ultimately, however, the Director of Public Prosecutions indicted Mr Cicekdag on a charge of manslaughter instead, to which he pleaded guilty.
That charge is put against Mr Cicekdag, not on the basis that he shot Mr Duyar, but on the basis that he was “involved in the commission of” an unlawful and dangerous act that caused death. This means that he intentionally assisted or…
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- AGLC
- R v Cicekdag [2017] VSC 781
- Case
- [2017] VSC 781
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were the appropriate sentence for the offence, considering the circumstances, the plea of guilty, and the defendant's background. The court also had to determine whether the offence was committed while the defendant was on bail for another matter, which could influence the severity of the sentence. Additionally, the court had to decide on the forfeiture of the vehicle used in connection with the offence.
The court acknowledged the circumstances of the offence, including the accidental nature of the shooting and the defendant's remorse. The court also considered the defendant's limited criminal history, good character, and the personal burden of imprisonment, given that the victim was his cousin and the defendant is responsible for caring for his unwell wife and family. The court noted the defendant's young age and strong prospects for rehabilitation. Given these factors, the court determined that a sentence of nine years' imprisonment with a non-parole period of five years was appropriate. The court also ordered the forfeiture of the vehicle used in the offence under the Confiscation Act 1997 (Vic).
Orders
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Background
Background to the litigation
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Evidence
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Ratio Decidendi
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