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WA man loses appeal over uncle's murder

AAP logoAAP 4/12/2016

A Perth man who fatally stabbed his uncle with a folding knife during an argument about cars parked in a driveway has lost an appeal against his conviction.

Huseyin Egitmen stabbed 36-year-old Osman Kana Osman five times in the abdomen and lower back outside the home of his grandparents in August 2012.

The court heard Mr Osman suffered from paranoid schizophrenia and a paranoid personality disorder, and had been prescribed medication.

He was prone to aggression and there had been incidents in the past between the pair.

Egitmen, then aged 28, had offered to plead guilty to manslaughter, but that was rejected by the prosecution.

Despite claiming he stabbed his uncle out of fear he would be killed, Egitmen was convicted by a jury of murder in November 2013.

He took his case to the Court of Appeal, claiming the verdict was unreasonable and could not be supported by the evidence.

Egitmen also claimed the trial judge misdirected the jury and erred by rejecting the tender of medical records concerning Mr Osman's psychiatric condition.

But the judges rejected Egitmen's appeal, saying the state had proved beyond reasonable doubt that Egitmen had murdered Mr Osman and there had been no miscarriage of justice.

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