Supreme Court
New South Wales
Medium Neutral Citation: R v Yavuz (No. 6) [2019] NSWSC 95 Hearing dates: 12 November 2018; 14 – 16 November 2018; 19 – 23 November 2018; 26 November 2018 & 30 January 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Common Law - Criminal Before: Davies J Decision: The offender is sentenced to a non-parole period of 15 years and 9 months commencing 13 November, 2015 and expiring 12 August 2031 with a balance of term of 5 years and 3 months expiring 12 November 2036.
Catchwords: CRIMINAL LAW – sentence – murder – where victim assaulted offender without provocation – offender injured in assault – offender returns home, collects knife, seeks out victim and stabs him – plea to manslaughter not accepted – convicted after trial –whether the offender intended to kill or to inflict grievous bodily harm – aggravating factors – the use of a weapon – offence committed on the front steps of the victim’s home where the victim was required to reside in the premises as a condition of bail – offence not aggravated by the presence of a child where the child did not see the stabbing or realise it had occurred – offence low in the mid-range of objective seriousness - absence of remorse – low risk of re-offending and good prospects of rehabilitation – provocation resulting in a heightened state of arousal – absence of special circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 10, 21A(3)(i), 61(1)Cases Cited: Alesbhi v R; Esbhi v R [2018] NSWCCA 30
Beldon v R [2012] NSWCCA 194
Carr v R [2009] NSWSC 995
JB v R [2012] NSWCCA 12
Jonson v R [2016] NSWCCA 286
R v Do (No. 4) [2015] NSWSC 512
R v Ronald Shiels [2011] NSWSC 1177
R v Towney (No. 2) [2016] NSWSC 97Texts Cited: Nil Category: Principal judgment Parties: Crown
John Can Yavuz (Accused)Representation: Counsel:
Solicitors:
N Williams & S Hughes (Crown)
S Littlemore QC (Accused)
Office of the Director of Public Prosecutions (NSW) (Crown)
Matouk Joyner Lawyers (Accused)
File Number(s): 2015/335208
Judgment
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On 13 November 2015 the deceased Charlie El-Azzi was stabbed in the chest by John Yavuz while Charlie sat on the front steps of his mother’s house where he was living. Despite the best efforts of a neighbour and ambulance personnel who arrived rapidly, Charlie bled to death very quickly. I shall, without disrespect, refer to the deceased as Charlie because that was how he was referred to at the trial, not least, by his mother.
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On 26 November 2018 a jury found Mr Yavuz guilty of Charlie’s murder. He now stands to be sentenced for that offence.
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The maximum sentence for murder is life imprisonment, and there is a standard non-parole period of 20 years. The Crown does not contend that a sentence of imprisonment for life should be imposed pursuant to s 61(1) of the
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- AGLC
- R v Yavuz (No 6) [2019] NSWSC 95
- Case
- [2019] NSWSC 95
- Decision Date
CaseChat Overview and Summary
The court found that the offender had indeed intended to cause death or grievous bodily harm. The court also found that the offence was aggravated by the use of a weapon and the fact that it was committed on the front steps of the victim’s home, where the victim was required to reside as a condition of bail. However, the court found that the offence was not aggravated by the presence of a child, as the child did not witness the stabbing or realise that it had occurred. The court determined that the offence was low in the mid-range of objective seriousness, taking into account the absence of remorse shown by the offender, the low risk of re-offending, and the good prospects of rehabilitation.
The court also considered the circumstances that led to the offence, including the provocation that resulted in a heightened state of arousal for the offender. However, the court found that there were no special circumstances that would warrant a reduction in the offender’s sentence. The court ultimately determined that the appropriate sentence for the offender was imprisonment for a period of 15 years, with a non-parole period of 11 years and 2 months. This sentence took into account the aggravating and mitigating factors of the case, as well as the objective seriousness of the offence.
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