| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2013 0193
| THE QUEEN | |
| v | |
| MEHMET TORUN | Accused |
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JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 March & 2 April 2014 | |
DATE OF SENTENCE: | 4 April 2014 | |
CASE MAY BE CITED AS: | R v Torun | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 146 | |
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CRIMINAL LAW – Sentence – Manslaughter by unlawful and dangerous act – Accused aged 24 shot girlfriend of same age in groin with sawn-off shotgun – Loaded gun pointed at deceased and trigger pulled deliberately – Crown accepts that accused, because of his drug-addled state, failed to remember he had loaded the gun earlier – Deceased suffered very serious internal injuries and died five days later – Accused sought to assist deceased and take her to hospital – Early plea of guilty – Remorse – Limited prior convictions – Good prospects of rehabilitation – Sentence of eight years’ imprisonment with a non-parole period of five years – But for plea of guilty, sentence of eleven years’ imprisonment with a non-parole period of eight years and six months.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr P Rose SC | Office of Public Prosecutions |
| For the Accused | Mr N Hutton | Camerons Lawyers |
HIS HONOUR:
Introduction
Mehmet Torun has pleaded guilty to the manslaughter of Kara Doyle. On 17 April 2013, Ms Doyle was shot in the groin with a sawn-off shot-gun held by Mr Torun. The resulting injuries caused her death five days later.
The Director of Public Prosecutions originally filed an indictment in this Court charging murder. On 7 February 2014, however, the Director withdrew the charge of murder by filing over a new indictment charging manslaughter. Mr Torun pleaded guilty and the matter was adjourned for a plea in mitigation.
Summary of facts
Summary of Prosecution Opening
Mr Rose SC, who appeared on behalf of the Director on the plea, tendered a written Summary of Prosecution Opening (Exhibit 1), which he also read to the Court. Since it is a very long summary, I shall append it to these reasons rather than reproduce it in the body of this document.
Mr Hutton, who appeared on behalf of Mr Torun on the plea, indicated that none of the facts alleged in the summary were disputed. He added some further information in the course of the plea, some of which I shall incorporate into my summary of the facts.
In short, the facts giving rise to the offence are as follows:
Relationship between accused and deceased
At the time of the shooting, Ms Doyle was aged 24. She had grown up in rural Victoria and New South Wales. In early-2012, she moved from Cobram to Melbourne to work as a book-keeper at an accounting firm in Parkville. Ms Doyle rented a house with her sister Chloe Doyle in Military Road, Avondale Heights.
Mr Torun was also aged 24 at the time of the shooting. He had grown up in Shepparton and surrounding areas.…
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- AGLC
- R v Torun [2014] VSC 146
- Case
- [2014] VSC 146
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide included the appropriate sentence for the defendant, taking into consideration his plea of guilty, remorse, limited prior convictions, and prospects of rehabilitation. Additionally, the court had to determine the impact of the defendant's drug-induced state on his culpability and sentencing.
The court acknowledged the defendant's early guilty plea, remorse, and good prospects of rehabilitation, but also considered the severity of the offence. The court found that the defendant's actions were both unlawful and dangerous, resulting in the death of the deceased. Given the mitigating factors, the court sentenced the defendant to eight years’ imprisonment with a non-parole period of five years. However, the court noted that if it were not for the defendant's plea of guilty, the sentence would have been eleven years’ imprisonment with a non-parole period of eight years and six months.
The court's final orders were for the defendant to serve eight years’ imprisonment with a non-parole period of five years. The court took into account the defendant's guilty plea, remorse, and prospects of rehabilitation, but also emphasised the seriousness of the crime and the need for general deterrence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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