SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0137
| AKON GUODE | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | FERGUSON CJ, PRIEST and BEACH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 25 September 2020 |
| DATE OF JUDGMENT: | 30 September 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 257 |
| JUDGMENT APPEALED FROM: | [2017] VSC 285 (Lasry J) |
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CRIMINAL LAW – Appeal – Sentence – Infanticide, murder and attempted murder – Mother caused the death of three children and attempted to kill a fourth – Guilty plea – Background of extreme disadvantage and hardship – Major depressive disorder as a consequence of having given birth to youngest child – Impaired mental functioning – Total effective sentence of 26 years and 6 months’ imprisonment, with non-parole period of 20 years – Whether manifestly excessive – Appeal allowed – Total effective sentence of 18 years’ imprisonment with non-parole period of 14 years substituted.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr O P Holdenson QC with Ms C A Boston and Ms V Drago | Stary Norton Halphen |
| For the Respondent | Ms K E Judd QC, DPP, with Ms A S Ellis | Ms A Hogan, Solicitor for Public Prosecutions |
FERGUSON CJ
PRIEST JA
BEACH JA:
On 8 April 2015, Akon Guode, the applicant, deliberately drove her car into a lake in Wyndham Vale. Four of her children were in the car. Aluel, the oldest of those children, was 5 years old; Madit and Hangar, who were twins, were 4 years old; and Bol, the applicant’s youngest child, was 16 months old. Madit, Hangar and Bol drowned. The applicant and Aluel survived.
On 16 January 2017, the applicant pleaded guilty in the Supreme Court to the infanticide of Bol (charge 1), the murders of Madit and Hangar (charges 2 and 3) and the attempted murder of Aluel (charge 4). On 30 May 2017, following a plea hearing conducted in March and April of that year, the judge (Lasry J) sentenced the applicant to a total effective sentence of 26 years and 6 months’ imprisonment, with a non-parole period of 20 years,[1] in accordance with the following table:
[1]R v Guode [2017] VSC 285 (‘Sentencing Reasons’).
Charge on Indictment Offence Maximum Penalty Sentence Cumulation Charge 1
Infanticide
5 years
12 months
6 months
Charge 2 Murder Life 22 years Base Charge 3 Murder Life 22 years 3 years Charge 4 Attempted murder 25 years 6 years 1 year Total effective sentence: 26 years and 6 months Non-parole period: 20 years
Following sentencing, the applicant filed an application for leave to appeal against sentence on the grounds of manifest excess. That application was initially refused on the papers by a single judge of this Court (Weinberg JA),[2] but was renewed by the applicant pursuant to s 315(2) of the Criminal Procedure Act 2009.
[2]Guode v The Queen [2017] VSCA 311 (‘Initial Leave Reasons’).
On 16 August 2018, this Court granted the applicant’s application for leave to appeal, allowed the appeal and resentenced the applicant to…
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- AGLC
- Akon Guode v The Queen [2020] VSCA 257
- Case
- [2020] VSCA 257
- Decision Date
CaseChat Overview and Summary
The appeal raised several legal issues, including whether the sentence imposed by the trial judge was manifestly excessive in light of the appellant’s circumstances and the principles of sentencing. The appellant argued that the sentence did not take adequate account of her personal circumstances and the impact of her mental health issues on her culpability. The appellant also submitted that the sentence was disproportionate to the offending and did not reflect the appropriate balance between punishment and rehabilitation. The Crown, on the other hand, contended that the sentence was appropriate and reflected the gravity of the offences committed by the appellant.
In allowing the appeal, the court found that the sentence imposed by the trial judge was manifestly excessive. The court noted that the appellant’s personal circumstances were significant and that her mental health issues had a profound impact on her culpability. The court also found that the sentence did not adequately reflect the appropriate balance between punishment and rehabilitation. The court considered that the appropriate sentence should be one that recognised the gravity of the offences while also taking into account the appellant’s personal circumstances and the need for rehabilitation. Accordingly, the court substituted a total effective sentence of 18 years’ imprisonment, with a non-parole period of 14 years.
The final orders of the court were that the appeal be allowed, the conviction be upheld, and a total effective sentence of 18 years’ imprisonment, with a non-parole period of 14 years, be substituted for the sentence imposed by the trial judge. The court also ordered that the appellant be given credit for the time already served in custody.
Orders
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Background
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Decision
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