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: | 2 August 2018 |
| DATE OF JUDGMENT: | 16 August 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 205 |
| JUDGMENT APPEALED FROM: | R v Guode [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 — Traumatic life — Major depressive disorder as a consequence of having given birth to youngest child — Post-traumatic stress disorder — Total effective sentence of 26 years and 6 months’ imprisonment, with non-parole period 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 J McMahon SC with Ms V Drago | Stary Norton Halphen |
| For the Respondent | Ms K Judd QC, DPP, with Ms G Coghlan | Mr J Cain, Solicitor for Public Prosecutions |
FERGUSON CJ
PRIEST JA
BEACH JA:
Introduction
In the afternoon of 8 April 2015, Akon Guode, the applicant, now aged 39 years,[1] deliberately drove her Toyota Kluger SUV, with her four youngest children inside it, into Lake Gladman, Wyndham Vale.
[1]Her date of birth is 20 June 1979.
Twins Madit Manyang and Hangar Manyang, aged four,[2] and Bol Manyang, aged 16 months,[3] drowned. Only the eldest child of the four, Aluel Chabiet, aged five years,[4] survived.
[2]Their date of birth was 25 December 2010.
[3]His date of birth was 21 December 2013.
[4]Her date of birth is 22 May 2009.
On 16 January 2017, the applicant pleaded guilty in the Supreme Court to the infanticide[5] of Bol (charge 1), two charges of the murder[6] of Madit and Hangar (charges 2 and 3) and one charge of the attempted murder[7] of Aluel (charge 4).
[5]Crimes Act 1958, s 6(1). The maximum penalty is five years’ imprisonment.
[6]Common law. By virtue of s 3 of the Crimes Act 1958, the maximum penalty is life imprisonment.
[7]Crimes Act 1958, s 321M. By virtue of ss 321P(1) and (1A), the maximum penalty is 25 years’ imprisonment.
Following a plea, the sentencing judge imposed a total effective sentence of 26 years and 6 months’ imprisonment on the applicant, with a non-parole period of 20 years,[8] according to the following table:
[8]R v Guode [2017] VSC 285 (Lasry J) (‘Reasons’).
Charge Offence Sentence Cumulation 1 Infanticide 12 months 6 months 2 Murder 22 years Base 3 Murder 22 years 3 years 4 Attempted murder 6 years 1 year Total effective sentence 26 years and 6 months’ imprisonment Non-parole period 20 years Pre-sentence detention 660 days Section 6AAA declaration Life imprisonment with 30 years non-parole Other orders Disposal order and forensic sample order
By virtue of Part 2A of the Sentencing Act 1991, the applicant…
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- AGLC
- Guode v The Queen [2018] VSCA 205
- Case
- [2018] VSCA 205
- Decision Date
CaseChat Overview and Summary
The appeal raised several issues, including whether the sentence was manifestly excessive, whether the trial judge had erred in failing to adequately consider the impact of Guode’s traumatic life on her culpability, and whether the sentence was disproportionate to the offending. The appeal also considered whether the trial judge had adequately assessed the mitigating factors, including Guode’s major depressive disorder and post-traumatic stress disorder.
In allowing the appeal, the Court found that the sentence was manifestly excessive and disproportionate to the offending. The Court found that the trial judge had failed to adequately consider the impact of Guode’s traumatic life on her culpability, and had not sufficiently assessed the mitigating factors. The Court found that the sentence imposed was disproportionate to the offending, and that a sentence of 18 years’ imprisonment with a non-parole period of 14 years was more appropriate.
The Court substituted a sentence of 18 years’ imprisonment with a non-parole period of 14 years, and allowed the appeal.
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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