| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2023 0127; S ECR 2023 0130
| Between: | |
| THE KING | |
| -and- | |
| ZAKARIA HAGI ALI | Accused |
| -and- | |
| GM | Accused |
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JUDGE: | Croucher J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 11 October 2024 |
DATE OF SENTENCE: | 29 October 2024 |
CASE MAY BE CITED AS: | R v Hagi Ali & GM |
MEDIUM NEUTRAL CITATION: | [2024] VSC 654 |
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CRIMINAL LAW — Sentencing — Kidnapping — Assist offender (re manslaughter) — Several young males (aged 16 to 19) formed group after AA (aged 17), KM (aged 25) and others bearing weapons went to home of one in group — HA (aged 19) and GM (aged 17) part of group — Some in group found AA, kidnapped him, put him in boot of AA’s white car, assaulted him, had him call KM to locate him — In white car (with AA still in boot) and red car, group drove to KM’s location — White car ran down KM and crashed into yard of home unit — Red car arrived shortly after — Some from car or cars seriously assaulted KM, including at least one with weapons — KM killed by stab wound — Group of seven fled in red car, leaving crashed white car behind — Some in group disposed of clothing in nearby creek — Seven in group (including HA and GM) initially charged with kidnapping and murder — Following sentence indications before another judge, four (“principals”) pleaded guilty to manslaughter and sentenced: AS to four years’ gaol with non‑parole period of 33 months; YA and MB to three years’ youth justice centre (“YJC”) detention; and MI to two years’ YJC detention — Following sentence indications, HA and GM pleaded guilty to kidnapping and assisting principals after manslaughter — HA and GM complicit in kidnapping of AA, but not assaults — GM assisted principals by driving them away from scene of manslaughter — HA assisted principals discard clothing at creek nearby, and by failing to inform police — Both GM (now 19) and HA (now 21) pleaded guilty relatively early; are remorseful; have no prior or subsequent convictions; have done well on bail, including working and/or studying; have work or study to resume; have strong family support; have excellent prospects of rehabilitation; had murder charge hanging over head for long period — Delay deprived HA of possibility of YJC order — Parsimony — Parity — DPP concedes manslaughter more serious than kidnapping and assist offender combined — After HA and GM’s sentence indications, but before sentence, co‑accused AF sentenced by other judge on kidnapping to 402 days’ imprisonment (time served) — Whether GM to be sentenced as a child, pursuant to Children’s Court sentencing powers — General deterrence inapplicable purpose in sentencing GM as child offender — Unnecessary and potentially counter‑productive to return HA and GM to custody — HA sentenced to 203 days’ imprisonment (time served) on kidnapping, community correction order on assist offender — GM sentenced to 132 days’…
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- AGLC
- R v Hagi Ali & GM [2024] VSC 654
- Case
- [2024] VSC 654
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether GM should be sentenced as a child offender, the appropriate sentence for HA and GM considering their early guilty pleas, remorse, lack of prior convictions, and their prospects for rehabilitation. Another issue was whether the sentences should reflect the greater severity of the manslaughter offence compared to the kidnapping and assisting offence, and whether there was a need for parity or parsimony in sentencing. The court also needed to consider the delay in sentencing and its impact on HA, as well as the sentencing of a co-accused who was sentenced before HA and GM.
The court found that GM should not be sentenced as a child because the purpose of general deterrence did not apply in his case. The court considered the principles of parsimony and parity in sentencing HA and GM, noting their early guilty pleas, remorse, and good prospects for rehabilitation. The court sentenced HA to 203 days’ imprisonment for kidnapping, with time served, and a community correction order for assisting the offenders after the fact. GM was sentenced to 132 days’ detention in a youth justice centre for kidnapping, with time served, and a youth supervision order for assisting the offenders after the fact. The court recognised that returning HA and GM to custody was unnecessary and potentially counter-productive.
In summary, the court emphasised the importance of considering the individual circumstances of the offenders, their early guilty pleas, and their prospects for rehabilitation in determining appropriate sentences. The court aimed to balance the need for punishment with the potential for rehabilitation, taking into account the delay in sentencing and the impact on the offenders.
Orders
Orders of the court
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Background
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