SUPREME COURT OF VICTORIA
COURT OF APPEAL Not Restricted
No. 196 of 1999
| THE QUEEN |
| v |
| DEMIR YALIM |
---
JUDGES: | TADGELL and CHERNOV, JJ.A. and HEDIGAN, A.J.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 12 April 2000 | |
DATE OF JUDGMENT: | 12 April 2000 | |
MEDIUM NEUTRAL CITATION: | [2000] VSCA 64 | |
---
Sentence – Appellant sentenced to six years' imprisonment, three-year minimum on two counts of culpable driving causing death – Appeal against sentence as manifestly excessive – Principles – Sentences not excessive.
---
APPEARANCES: | Counsel | Solicitors |
For the Crown | Mr C.J. Ryan | P.C. Wood, Solicitor for Public Prosecutions |
| For the Appellant | Mr G. Wendler | Keith W. Allan & Assoc. |
TADGELL, J.A.:
I will invite Hedigan, A.J.A. to deliver the first judgment.
HEDIGAN, A.J.A.:
This is an appeal by the appellant Yalim against a sentence imposed by the County Court of Victoria on 27 August 1999. The appellant is a 39-year-old man who was charged on two counts of culpable driving causing death pursuant to s.318 of the Crimes Act 1958. He pleaded guilty to both counts. There was another charge under s.49(1)(g) of the Road Safety Act 1986 of exceeding the prescribed concentration of alcohol in the blood within three hours of the driving. This was dealt with as a summary offence and it is not necessary to refer to it further, save as to the licence disqualification. However, as the particulars to each count of culpable driving causing death indicate, the allegation was that consumption of alcohol by the appellant was a potent cause of his deadly driving of his motor car on the night in question. It was thus also a major significant cause of the tragic deaths of his wife and child which ensued.
The events which led to the serious charges against the appellant were summarised by the County Court sentencing judge in the course of hearing the plea made on behalf of the appellant after he had pleaded guilty to the three charges made against him. Neither counsel appearing at that time disagreed with the summary, which was to the following effect. It is to be treated as a summary of the facts on which the sentence was given and which this Court re-evaluates on appeal.
On 24 July 1998 the appellant, his wife and their two children - a boy aged twelve and a daughter aged four - had attended as guests at a Turkish wedding. They were returning to their home at about 11 p.m. in the appellant's motor vehicle. The weather conditions were fine and dry. The vehicle was being driven in Cooper Street, Epping, where the applicable speed limit was 80 kilometres per hour. The depositions of witnesses were to the effect that the appellant was driving his vehicle on the incorrect side of the road, which had double white lines, for some distance. He overtook another vehicle which was travelling at about 80 kilometres per hour and crossed the double white lines, and then, apparently, when returning to the correct side of…
Continue reading R. v. Yalim
Sign in free to access the full text
- AGLC
- R. v. Yalim [2000] VSCA 64
- Case
- [2000] VSCA 64
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing, particularly focusing on the gravity of the offence and the need for deterrence and denunciation. It considered the appellant's background, the circumstances of the offence, and the need to balance the punishment with the principles of proportionality and justice. The court held that the sentence was not manifestly excessive, as it appropriately reflected the severity of the crime and the need to uphold public confidence in the justice system. The court also noted that the sentence was within the range typically imposed for such offences, and the trial judge had adequately considered all relevant factors.
The appeal was dismissed, and the original sentence was upheld. The High Court determined that the trial judge had correctly applied the principles of sentencing and that the sentence was not manifestly excessive. The court's decision emphasised the importance of maintaining a consistent approach to sentencing in cases of culpable driving causing death, ensuring that sentences reflect the gravity of the offence while also considering individual circumstances.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.