41 Besides your parents, you were supported in court by your wife and your son. Your son Kavir Mirik gave evidence on your behalf. He is aged 24 years and is the eldest of your three children. He told me he and your family visit you in prison. The family has been devastated by your offending, especially your two youngest children. When you are told of how your family feel about your behaviour, you break down sobbing. Your son confirmed your history and alcohol and cannabis abuse. He told me you were a good father and the family would continue to stand by you.
42 Metin Mirik you have been before the courts on 17 previous occasions between 1974 and 1996. This is more than your brother, but the offences have been relatively minor, at least when compared to intentionally causing serious injury, and you received quite small fines on most occasions. Alcohol and drug abuse obviously lies behind your history of offending. Your history does not indicate you are a violent person. It is not alleged that, before now, you have served any sentence of imprisonment. You were on bail for over 12 months, abiding by its conditions, until you attended court on the hearing of your plea on sentence, ready to volunteer yourself into custody, which you did. I accept you too are sincerely remorseful for your actions. This is reflected in the plea of guilty you have entered and the evidence of your family and Mr Joblin.
43 I turn now to an assessment of the relevant sentencing considerations.
44 A very significant sentencing consideration must be the gravity of the offences you have committed.
45 You have both committed the offence of intentionally causing serious injury to Mr Kortel, who has suffered greatly in consequence of your criminal actions. The two of you brutally beat Mr Kortel. A brick and old bicycle frame were used as a weapon. There is nothing to distinguish between your level of responsibility for committing this crime, the sentence for which must reflect its very serious gravity.
46 Cetin Mirik, you went further and committed the crime of rape upon Mr Kortel, who suffered very grave injuries as a result. The nature of the rape - you forced six tree branches into Mr Kortel's body through his anus - was horrifically violent. Although it was you and your brother's common purpose to inflict serious injuries on Mr Kortel, your brother was not a party to this rape and you alone bear criminal responsibility for committing it, additional to the criminal responsibility your bear for committing the crime of intentionally causing serious injury. However, the rape and the intentional causing of serious injury were committed during the course of a single criminal episode, and did not have separate motivations. This should be reflected in a reduced head sentence and a measure of concurrency in the sentence for this crime.
47 Both general and specific deterrence must also be significant sentencing considerations. Those who would commit such crimes and each of you must be made to appreciate there will be serious criminal consequences.
48 For these reasons, the crimes must attract immediate sentences of substantial periods of imprisonment.
49 I do not take into account against either of you that the offences were pre-planned. The circumstances show the offences were committed spontaneously when you were both in a very drunken state.
50 The most significant mitigating consideration is the guilty plea you have both entered. This entitles you to a significant discount in the sentences I must impose, for two reasons. First, the guilty pleas have saved the community the trouble and expense of a trial, and saved Mr Kortel the trauma of having to give evidence. Second, your pleas, and other circumstances, are strongly indicative that you are suffering from genuine remorse for your criminal actions, which suggests you have prospects of rehabilitation.
51 You both have disadvantaged personal backgrounds. You had a displaced upbringing and have received limited education. You have both battled with alcohol and drug addiction. Cetin Mirik, you exhibit symptoms of a Borderline Personality Disorder. Metin Mirik, your intelligence is limited. The contents of your psychologists' reports provided further details of these and other matters. I will take these matters into account in both of your cases when assessing the degree of your moral culpability for having committed the crimes but, given their gravity, the effect on the overall sentences must be limited.
52 Cetin Mirik, your criminal record, which I have described, is a very poor one. Therefore you get no benefit for having previously been free of convictions for serious crimes of violence. Metin Mirik, you do get some benefit for having not previously appeared before the courts for such crimes, but again, this must be limited, given the gravity of your crime.
53 Both of you are aged 53. I am conscious that, when you serve your sentence, you will be released into the community. I accept the submission of your counsel that the sentences I impose must not crush your genuine hopes of rehabilitation, which will be enhanced by the possibility of an appropriate period of parole.
54 Cetin Mirik and Metin Mirik, I will now announce your sentences.
55 Cetin Mirik, for the crime of intentionally causing serious injury to Refik Kortel at Fitzroy North on 13 April 2005, you will be sentenced to imprisonment for 7 years. For the crime of raping Mr Kortel you will be sentenced to imprisonment for 4 years. I order that 2 years of the sentence of imprisonment imposed for the crime of rape shall be served cumulatively upon the sentence of imprisonment imposed for the crime of intentionally causing serious injury. The remaining part of the sentence of imprisonment imposed for the crime of rape shall be served concurrently. Accordingly the total effective sentence is imprisonment for 9 years. You will serve a minimum term of 6 years and 6 months before being eligible for parole. You have served a period of pre-sentence detention of 679 days exclusive of today and I direct that this be reckoned in the calculation of the period of your imprisonment.
56 Metin Mirik, for the crime of intentionally causing serious injury to Refik Kortel at Fitzroy North on 13 April 2005, you will be sentenced to imprisonment for 6 years and 6 months. You will serve a minimum term of 4 years and 6 months before being eligible for parole. You have served a period of pre-sentence detention of 279 days exclusive of today and I direct that this be reckoned in the calculation of the period of your imprisonment.