A dying killer who refuses to take HIV medication has been jailed for 15 years for murdering a lover, but is expected to die in prison within the next year.
Simon Kepenci, 39, bashed Gordon Harvey, 62, with a hammer in Mr Harvey's Fitzroy T-shirt shop, Fetish, some time between January 17 and January 19. He then set fire to the building with the victim's body inside.
The two men met online and were in a semi-regular sexual relationship.
Kepenci pleaded guilty to murder and was on Monday jailed for 15 years, to serve a minimum 10 years, but Justice Paul Coghlan said the killer was expected to die within the next six to 12 months as he was refusing HIV treatment. Kepenci had developed AIDS and had refused any treatment since 2014, the court heard.
Justice Coghlan said he would have imposed a much heavier sentence had Kepenci not been terminally ill.
His refusal to undergo treatment was part of a "suicide plan" aimed at regaining control of his life, the judge said, and exacting retribution against family members who refused to discuss his homosexuality with him. They had referred to his illness as cancer.
Kepenci's death would likely be painful and protracted, the court heard.
Kepenci fell out with parts of his family when as a teenager he refused to take part in an arranged marriage in his native Turkey. In later years he had been confused about his sexuality.
After he murdered Mr Harvey, he told police he "bloody enjoyed" the attack and did not regret it, and did not care for his victim's family. Justice Coghlan said the sort of "vitriol" Kepenci had towards Mr Harvey and his family was rarely seen in the Supreme Court.
The judge on Monday did not repeat the remarks before Mr Harvey's family, but said Kepenci no longer held those views and had shown some remorse and had acknowledged his responsibility by pleading guilty.
The murder, the judge said, was "brutal, callous and pointless" and had caused Mr Harvey's family great distress.
Justice Coghlan said Kepenci killed out of hate, but said that hatred was not necessarily directed towards the victim. Instead, Mr Harvey "was the person who happened to be there".
The fire and stealing Mr Harvey's car were Kepenci's attempts to cover his tracks, the judge said.