07 December 2016

Director's appeal allowed by High Court

The Director of Public Prosecutions John Champion S.C. today welcomed the High Court’s decision to allow his appeal against the sentence handed to a man who doused his then girlfriend in petrol and set her on fire.

Yavaz Kilic pleaded guilty in March 2015 to intentionally causing serious injury to his then girlfriend, who suffered life endangering injuries and who terminated a 12-week pregnancy in light of her injuries and long-term prognosis.  Kilic also pleaded guilty to using a prohibited weapon without exemption, and dealing with property suspected of being proceeds of crime.

Kilic was sentenced in the County Court to a total of 15 years' imprisonment, with a non-parole period of 11 years.

On an appeal against sentence, the Court of Appeal on 8 December 2015 re-sentenced Kilic to 10 years and 10 months' imprisonment, with a non-parole period of seven years and six months.

The High Court today unanimously allowed the Director’s appeal against the sentence, with the effect of restoring the sentence imposed by the initial sentencing judge.

According to the summary of its judgment, the High Court held that the Court of Appeal had erred in holding that the sentences imposed on the respondent by the sentencing judge were manifestly excessive.

Mr Champion said the judgment gives useful guidance in relation to future cases involving the offence of intentionally causing serious injury, and assists sentencing judges in applying correct sentencing principles in all criminal cases coming before them.

“The important principles established by this judgment will now be applied to future similar cases to ensure proper sentencing standards are maintained for the protection of the community,” Mr Champion said.

For further information contact:

Anthony Loncaric

03 9603 2603