Director of Public Prosecutions [DPP] v Yucel, Kamil [2019] VSCA 53

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Kaye, Niall and Weinberg JJA
Parties: 

Director of Public Prosecutions [DPP] v Yucel, Kamil

Judgment Date: 
14 March 2019
Catchwords: 

CRIMINAL LAW - Sentence - Prosecution appeal - Plea of guilty to unlawful and dangerous act manslaughter - Respondent shot victim in belief that he was in imminent danger of being shot himself - Respondent's state of mind one of ongoing, genuine and reasonable fear - Case a 'notch' above self-defence - Early plea - Genuine remorse - Delay - Good prospects of rehabilitation - Sentence of five years' imprisonment not manifestly inadequate in unusual circumstances of case - Appeal dismissed.

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