SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Kayin (a pseudonym) |
Citation: | [2022] ACTSC 164 |
Hearing Date: | 7 July 2022 |
DecisionDate: | 7 July 2022 |
Before: | Norrish AJ |
Decision: | See [90] |
Catchwords: | CRIMINAL LAW — JURISDICTION, PRACTICE AND PROCEDURE — Judgment and Punishment — Sentence — Offence of assault occasioning actual bodily harm — Assault committed against daughter of offender — Where offender had extraordinary background circumstances — Whether to impose non-conviction order under s 17 of the Crimes (Sentencing) Act 2005 (ACT) — Good character — Extenuating circumstances — Mental disability at time of offending. |
Legislation Cited: | Crimes (Sentencing Administration) Act 2005 (ACT), s 86 Crimes (Sentencing) Act 2005 (ACT), ss 5, 7, 10, 13, 17, 33, 34B |
Cases Cited: | Director of Public Prosecutions v De La Rosa [2010] NSWCCA 194 Veen v The Queen (No 2) [1998] HCA 14; 164 CLR 465 |
Parties: | The Queen ( Crown) Imani Kayin (a pseudonym) ( Offender) |
Representation: | Counsel E Priestly ( Crown) J Sabharwal ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Prudential Legal ( Offender) | |
File Numbers: | SCC 18 of 2022; SCC 19 of 2022 |
NORRISH AJ:
Imani Kayin appears today for sentence in relation to an offence of assault occasioning actual bodily harm committed on New Year’s Day 2021 when the offender assaulted her 15 year old daughter in circumstances I will outline shortly. The offence of assault occasioning actual bodily harm carries with it a maximum penalty of five years’ imprisonment.
I sentence the offender now shortly after the completion of the evidence and the submissions only on the basis that I shall not be sitting in Canberra for at least another month and a half and I do not believe the matter should be delayed longer than is necessary. It is to be borne in mind as a relevant matter in this sentencing exercise that the offender has been awaiting the finalisation of these court proceedings for a period of over 18 months although, to be fair, she has been on bail during that period of time.
It is to be noted as well that, of course, the victim has been awaiting the outcome of the matter for the same period of time. The offender has two other children, one older and one younger than the victim. She gave evidence today of their ages.
She lives with their father, her husband. She pleaded guilty before trial having been committed, as I understand it, to the Supreme Court in relation to a range of charges. There was case conferencing and she entered a plea to the particular charge with which I am now concerned which does involve, as the Crown pointed out to me, consideration of facts that were said, initially, to be relevant to other offending committed at the same time.
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- AGLC
- R v Kayin (a pseudonym) [2022] ACTSC 164
- Case
- [2022] ACTSC 164
- Decision Date
CaseChat Overview and Summary
The court was required to consider the principles of sentencing in light of the statutory framework provided by the Crimes (Sentencing) Act 2005 (ACT), specifically focusing on the possibility of a non-conviction order. The arguments centred on whether such an order would appropriately address the offender's background and mental health issues, while also ensuring the protection of the victim and the community. The court had to balance the need for rehabilitation and deterrence against the necessity to impose some form of accountability for the offence committed.
After a comprehensive examination of the offender's background, character, and the circumstances of the offence, the court determined that a non-conviction order would be the most appropriate sentence. The court found that the offender's good character, combined with his mental disability at the time of the offence, warranted consideration for a non-conviction order under section 17 of the Act. The court concluded that this approach would provide an opportunity for rehabilitation without the stigma of a criminal conviction, while also addressing the need for accountability and protection of the victim. The court therefore ordered that Kayin be subject to a non-conviction order, which included specific conditions aimed at ensuring his rehabilitation and the safety of the community.
Orders
Orders of the court
See [90]
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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