Umit Sengoz v The Queen

[2014] HCASL 45

UMIT SENGOZ

v

THE QUEEN

[2014] HCASL 45
M132/2013

1. The applicant pleaded guilty to murder in the Supreme Court of Victoria (Coghlan J).  He was sentenced to a term of 18 years and six months' imprisonment with a non-parole period of 15 years.

2. On 2 May 2012 Osborn JA refused the applicant leave to appeal against the severity of the sentence.  The applicant renewed his application before the Court of Appeal of the Supreme Court of Victoria constituted by Buchanan and Neave JJA.  Leave was refused.

3. The applicant applies for special leave to appeal from the order of the Court of Appeal made on 29 June 2012. 

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

5. The application is out of time.  The applicant has filed an affidavit giving a satisfactory explanation for the delay.  Compliance with the time for filing the application should be dispensed with. 

6. The applicant contends that his sentence is excessive and that the sentencing judge failed to give adequate weight to material concerning his mental condition.  Nothing in the written material filed in support of the application identifies a question of general principle suitable for the grant of special leave.  There is no reason to doubt the correctness of Neave JA's conclusion that the sentencing judge did not fail to take into account relevant sentencing considerations and that it is not reasonably arguable that the sentence or the non-parole period fall outside the range of sentencing discretion.   

7. The application is dismissed.

8. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
12 March 2014 S.J. Gageler