Three Court Of Appeal justices add three years to Gorgulu's sentence

The Court Of Appeal has found that a sentence imposed was inadequate for a Portland man who tipped petrol on a friend and ignited it.

The Office Of Public Prosecution appealed against the leniency of a sentence imposed on Umit Gorgulu in the Supreme Court.

The 41-year-old doused his housemate Kevin Taplin in petrol in April 2019 before using a cigarette lighter to set him alight.

On July 8 last year Gorgulu was jailed for 10 years and had to serve a minimum of seven years before being eligible for parole.

He was found guilty by a Supreme Court jury in March 2022 of intentionally causing serious injury.

The OPP appealed the leniency of that jail term and on Friday morning the Court Of Appeal set aside the previous sentence and jailed Gorgulu for 13 years with a minimum 10 years to serve.

Portland police Detective Sergeant Jason von Tunk, who compiled the prosecution brief, welcomed the appeal decision.

"It's a more fitting penalty. The victim is very happy," he said.

"He can now put this chapter of his life behind him."

The victim Taplin said: "My sentence of waiting in limbo is over and his (Gorgulu's) sentence now begins. I just wanted to thank Jason from the police and Bec from the OPP for their support throughout this process."

In a written judgement handed down by Justice Richard Niall, Justice Terry Forrest and Justice Robert Osborn they found there were reasons to review the sentence.

"Importantly, as it did in this case, the act of ignition will often, perhaps usually, involve a separate and discrete act," they said.

" Although, no doubt, the duration of the gap between dousing Mr Taplin with petrol and the reaching for and striking the lighter was short, nevertheless it provided some time for pause.

"The respondent was plainly angry and not in control of his temper but there was no reason for him to attack his friend in this grievous way and no reason for him to continue when he knew that Mr Taplin was drenched with fuel.

"The consequences of the offending were also extremely grave.

"They involved extensive burns that were extremely painful, life threatening and scarring.

"They have left Mr Taplin with residual lung damage and ongoing respiratory issues. There was a protracted period of hospitalisation.

"The psychological impact has been, and continues to be, significant."

The justices found that the objective gravity of the offending was extremely serious.

"In the circumstances, it was necessary to give substantial weight to denunciation, just punishment, general and specific deterrence and protection of the community," they said.

"In our view, the sentence imposed is manifestly inadequate to achieve these objectives.

"A comparison with comparable cases also shows that a very substantial period of imprisonment was required.

"Balancing these matters, we are of the view that the sentence imposed failed adequately to reflect the gravity of the offending.

"The appeal must be allowed and the respondent re-sentenced. The respondent will be sentenced to a term of imprisonment of 13 years, with a non-parole period of 10 years."

There have been 1515 days already served.

A Portland man who tipped petrol on a friend and lit it, causing massive burns, will serve an extra three years in jail.

On Friday, 10am:

A Portland man who tipped petrol on a friend and lit it, causing massive burns, will serve an extra three years in jail.

The Office Of Public Prosecution appealed against the leniency of a sentence imposed on Umit Gorgulu in the Supreme Court.

On July 8 last year Gorgulu was jailed for 10 years and had to serve a minimum of seven years before being eligible for parole.

He was found guilty by a Supreme Court jury in March 2022 of intentionally causing serious injury.

The OPP appealed the leniency of that jail term and on Friday morning the Court Of Appeal set aside the previous sentence and jailed Gorgulu for 13 years with a minimum 10 years to serve.

Portland police Detective Sergeant Jason von Tunk, who compiled the prosecution brief, welcomed the appeal decision.

"It's a more fitting penalty. The victim is very happy," he said.

"He can now put this chapter of his life behind him."

The victim said: "My sentence of waiting in limbo is over and his (Gorgulu's) sentence now begins. I just wanted to thank Jason from the police and Bec from the OPP for their support throughout this process."

On May 22: The Office of Public Prosecutions is claiming the lenient jail sentence for a Portland man who set his best friend on fire will depress penalties for similar offending.

Lawyers for the OPP appealed the leniency of a 10-year jail sentence handed down to Portland's Umit Gorgulu, who pleaded not guilty, but was found guilty by a jury, of pouring petrol on his best mate and setting him on fire.

The 41-year-old doused his housemate Kevin Taplin in petrol in April 2019 before using a cigarette lighter to set him alight.

On Tuesday morning justices Richard Niall, Terry Forrest and Robert Osborn heard OPP lawyers in the Court Of Appeal submit that the sentence was manifestly inadequate for the "horrendous offending" and would act to depress sentencing.

The OPP lawyers argued that Gorgulu's sentence was in line with sentencing for similar offending for which other accused persons had pleaded guilty, therefore attracting a discount in sentencing.

They said Gorgulu's actions were at the higher end for intentionally causing serious injury.

The justices heard that Gorgulu took a number of steps before setting his friend on fire - getting the petrol container, taking the top off, pouring the petrol, getting out his lighter and then setting the petrol on fire - and during any of those steps he could have stopped.

Taplin suffered horrendous burns, was in an induced coma for three weeks, suffered extreme pain and permanent scarring and lung damage.

Gorgulu's barrister Dermott Dann, KC, said the sentencing judge in the court case had taken into account all relevant factors.

The justices have reserved their decision until a date to be announced.

On July 8 last year Gorgulu was jailed for 10 years and must serve a minimum of seven years before being eligible for parole.

He was found guilty by a Supreme Court jury in March of intentionally causing serious injury.

Detective Sergeant Jason von Tunk, of the Portland police crime investigation unit, told The Standard it was one of the worst acts of violence he'd seen in his 30 years on the force.

"This type of crime, involving fire and the burning of someone, is just horrendous and it is certainly an investigation that will stay with me forever," he said.

"I have spoken with the victim today and no amount of sentence will relieve him from his suffering," he said on the day of sentencing.

Courts have previously heard that in the April 2019 incident, Gorgulu and Mr Taplin drove from their home in Portland to pick up Mr Taplin's motorbike in Hamilton when a fight broke out and Gorgulu threw his own phone out the window.

They were then separated for several hours and Gorgulu left Mr Taplin threatening voice messages from a stranger's phone.

Upon reuniting in Hamilton, Gorgulu punched Mr Taplin in the head several times.

When the victim tried to drive away, Gorgulu stopped him by hanging onto the car door.

Gorgulu then grabbed a five-litre jerry can full of petrol and doused the car and Mr Taplin in fuel.

He then used a cigarette lighter to ignite it, setting his friend on fire.

Mr Taplin rolled on the ground in an attempt to extinguish the fire before screaming for help.

Nearby residents hosed him down, potentially saving his life.

In sentencing, Justice Amanda Fox said Mr Taplin's injuries were accurately described in the plea hearing as "horrific and life-threatening".

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