Director of Public Prosecutions v Teryaki

Case

[2018] VCC 1876

16 November 2018


Details
AGLC Case Decision Date
Director of Public Prosecutions v Teryaki [2018] VCC 1876 [2018] VCC 1876 16 November 2018

CaseChat Overview and Summary

The Director of Public Prosecutions instituted proceedings against four offenders, including Kaylah Woolard and Hebe Teryaki, in the Supreme Court of New South Wales. Woolard, who had a history of methamphetamine and cannabis use, pleaded guilty to attempted aggravated carjacking and three counts of theft, all of which occurred over two days when she was 20 years old. She had Attention Deficit Hyperactivity Disorder, was eligible for the National Disability Insurance Scheme, and had never been employed. Teryaki pleaded guilty to one charge of aggravated carjacking, one charge of theft, one charge of attempted carjacking, and one charge of aggravated carjacking, which occurred over three days when she was 23 years old. Her offences took place shortly after her release from prison, where she had been a long-term management prisoner. She had a history of drug use, specifically ice, and suffered from intellectual disability, requiring antipsychotic and antidepressant medication.

The court was required to determine the appropriate sentences for Woolard and Teryaki, taking into account their personal circumstances, criminal history, and the nature of their offending. The legal issues included the appropriate weight to give to mitigating factors, such as their mental health conditions, substance use, and limited social networks, against the seriousness of their offences.

The court acknowledged the significant mitigating factors present in both Woolard's and Teryaki's cases. Woolard's young age, mental health conditions, substance use, and limited social network were considered. Despite the seriousness of her offences, the court recognised that she had shown some remorse and had the potential for rehabilitation. The court imposed a sentence of imprisonment with a non-parole period of four years and eight months. Teryaki's sentence was also influenced by her mental health conditions, substance use, and criminal history. The court imposed a sentence of imprisonment with a non-parole period of six years and eight months, recognising the need for deterrence and community protection.

The court ordered that Woolard be imprisoned for four years and eight months, with a non-parole period of two years and four months. Teryaki was ordered to be imprisoned for six years and eight months, with a non-parole period of three years and four months. Both offenders were also ordered to participate in rehabilitation programs while in custody.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Mens Rea & Intention

  • Unconscionable Conduct

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Cases Citing This Decision

4

Teryaki v The Queen [2019] VSCA 120
Teryaki v The Queen [2019] VSCA 120
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