Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Ah Keni v R [2021] NSWCCA 263 Hearing dates: 18 August 2021 Date of orders: 18 August 2021 Decision date: 10 November 2021 Before: Bathurst CJ at [1];
Simpson AJA at [128];
Bellew J at [129]Decision: (1) Grant leave to appeal
(2) Allow the appeal
(3) Quash the sentence imposed and in lieu sentence the appellant to a non-parole period of 1 year and 3 months’ imprisonment commencing on 17 June 2020 and expiring on 16 September 2021, with a balance of term of 10 months’ imprisonment commencing on 17 September 2021 and expiring on 16 July 2022
Catchwords: CRIME – complicity – accessory after the fact – multiplicity of acts designed to conceal the role played by the principal offenders – silence – where the appellant failed to go to the police at an early stage and provide assistance – whether the sentencing judge erred in finding that the appellant’s failure to go to the police at an early stage and provide assistance constituted an offending act
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Public Justice) Amendment Act 1990 (NSW)
Cases Cited: Cabot (a pseudonym) v R (No 2) [2020] NSWCCA 354
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
R v Edwards (1996) 90 A Crim R 510
R v Farroukh (Court of Criminal Appeal (NSW), 29 March 1996, unrep)
R v Stanford, Marcus [2016] NSWSC 1174
R v Tan Do (Court of Criminal Appeal (NSW), 7 May 1997, unrep)
Texts Cited: New South Wales Law Reform Commission, Review of section 316 of the Crimes Act 1900 (NSW), (December 1999)
Category: Principal judgment Parties: Analosa Ah Keni (Appellant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
I McLachlan (Appellant)
K Jeffreys (Respondent)
Sydney Criminal Defence & Traffic Lawyers (Appellant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/69245 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court
- Jurisdiction:
- Common Law Division
- Citation:
- Date of Decision:
- 17 December 2020
- Before:
- R A Hulme J
- File Number(s):
- 2018/69245
HEADNOTE
[This headnote is not to be read as part of the judgment]
Analosa Ah Keni (the appellant) sought leave to appeal against her sentence for the offence of being an accessory after the fact to murder, the appellant having assisted Arthur Kelekolio and Abraham Sinai, knowing that they had committed the murder of Ho Ledinh (the deceased). The appellant was sentenced to a term of imprisonment of 1 year and 6 months, with a balance of term of 1 year and 1…
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- AGLC
- Ah Keni v The Queen [2021] NSWCCA 263
- Case
- [2021] NSWCCA 263
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the appellant's failure to report the crimes to the police at an early stage and provide assistance constituted an additional offence, separate from his complicity in the initial robberies. The appellant argued that his silence and failure to report the crimes did not amount to an additional offence because it was merely an extension of his complicity. The prosecution, on the other hand, argued that the appellant's failure to report the crimes constituted an additional offence because it was a separate act that facilitated the concealment of the principal offenders.
The High Court held that the appellant's failure to report the crimes to the police at an early stage and provide assistance did not constitute an additional offence. The Court found that the appellant's silence and failure to report the crimes was an extension of his complicity in the initial robberies, and therefore could not be considered a separate offence. The Court also found that the appellant's silence and failure to report the crimes did not amount to an additional offence because it was not a multiplicity of acts designed to conceal the role played by the principal offenders.
The final orders of the court were that the appeal against conviction was dismissed, but the appeal against sentence was allowed, and the matter was remitted to the Court of Appeal for reconsideration of the sentence. The Court of Appeal was directed to consider whether the appellant's failure to report the crimes to the police at an early stage and provide assistance should be taken into account in sentencing.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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