R v Ayuel

[2020] ACTSC 213

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Ayuel

Citation:

[2020] ACTSC 213

Hearing Date:

6 August 2020

DecisionDate:

6 August 2020

Before:

Mossop J

Decision:

See [44]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – unlawful confinement – act endangering health – plea of guilty – mid range objective seriousness – limited criminal history – young offender – good prospects of rehabilitation – partially suspended sentence of imprisonment

Legislation Cited:

Crimes Act 1900 (ACT), ss 28, 34

Criminal Code 2002 (ACT), s 45A

Crimes (Sentence Administration) Act 2005 (ACT)

Cases Cited:

R v Nyuon [2020] ACTSC 171

R v Randall Williams [2016] ACTSC 389
Singh v The Queen [2015] ACTCA 65

The Queen v Avery [2018] ACTCA 57

Parties:

The Queen (Crown)

Mary Ayuel (Offender)

Representation:

Counsel

S Saikal-Skea (Crown)

J Sabharwal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Robertson (Offender)

File Number:

SCC 336 of 2019

MOSSOP J:

Introduction

1. Mary Ayuel, the offender, has pleaded guilty to the following offences:

(a)One count of unlawfully confining another person (SCCAN11/2020). This is contrary to s 34 of the Crimes Act 1900 (ACT), by virtue of s 45A of the Criminal Code 2002 (ACT).

(b)One count of choking, suffocating or strangling (SCCAN12/2020). This is contrary to s 28(2)(a) of the Crimes Act.

1. She has two co-offenders, Mr Chol Bol Nyuon and Mr Clinton Saki. Mr Nyuon was sentenced by me on 26 June 2020: R v Nyuon [2020] ACTSC 171. Mr Saki is yet to be sentenced.

Facts

1. The facts were agreed and are set out in the Statement of Facts which was tendered.  In summary, they are as follows. In the early hours of 2 October 2019 Mr Nyuon and the victim met up.  Shortly before 3:00am they attended a service station in Gungahlin and purchased cigarettes. They subsequently went to a house in Moncrieff where they spent a number of hours. During this time they consumed alcohol.

1. The victim had a dental appointment in the city that day, so at approximately 7:30am he and Mr Nyuon attended the offender’s house in Moncrieff. The offender is the victim’s cousin. The victim intended to ask the offender to drive him to the city for his appointment on the basis that he would give her $18 as petrol money.

1. Despite the offender being reluctant to allow the two men to enter her house, she let them in and they had a cigarette together. She then told the victim that ‘Clinton’ was in the bedroom. This referred to Mr Saki, an acquaintance of the victim who he had known since approximately 2010 through their partners at the time. The offender and Mr Nyuon then went outside to have a cigarette while the victim went to talk to Mr Saki in the bedroom, who was still in bed.

1. Approximately five minutes later the victim went into the living room. Mr Saki came into the room and accused the…