CITATION: Regina v Keri Damon Mako [2004] NSWCCA 90 revised - 1/07/2004 HEARING DATE(S): 22 March 2004 JUDGMENT DATE:
7 April 2004JUDGMENT OF: Studdert J at 32; James J at 33; Dunford J at 1 DECISION: Leave to appeal granted - appeal allowed - applicant re-sentenced CATCHWORDS: Criminal Law - Sentencing - maliciously inflict grievous bodily harm - form of sentence - utilitarian value of plea of guilty LEGISLATION CITED: Crimes Act 1900 s 35
Crimes (Sentencing Procedure) Act 1999 ss 3A, 21, 44
Crimes (Sentencing Procedures Amendment (Standard Minimum Sentencing) Act 2002
Criminal Appeal Act 1912 s 6CASES CITED: R v Galati [2003] NSWCCA 148
R v Glen (CCA - 19 December 1994)
R v Hansen [2002] NSWCCA 321
R v Lloyd at [2003] NSWCCA 49
R v Rowe (1996) A Crim R 467
R v Thomson [2000] NSWCCA 309, 49 NSWLR 383PARTIES :
Regina v Keri Damon Mako FILE NUMBER(S): CCA 60449/03 COUNSEL: G I O Rowling (Crown)
H L A Cox (Appellant)SOLICITORS: S E O'Connor (Crown)
Legal Aid Commission (Appellant)
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 03/31/0034 LOWER COURT
JUDICIAL OFFICER :Cooper DCJ
60449/03
WEDNESDAY 7 APRIL 2004STUDDERT J
JAMES J
DUNFORD J
1 DUNFORD J: This is an appeal by Keri Damon Mako against the sentence of imprisonment for 3 years with a non-parole period of 2 years imposed upon him by his Honour Judge Cooper in the District Court at Gosford on 27 March 2003 following his plea of guilty to one count of maliciously inflict grievous bodily harm, contrary to s 35(1)(b) of the Crimes Act 1900 which offence carries a maximum penalty of imprisonment for 7 years. The sentence was backdated to 5 November 2002; to take account of pre-sentence custody.
2 The facts were that on the evening of 4 November 2002, the applicant attended a party at Kincumber with his brother, Paul Mako, and his brother’s girlfriend, Sonja Lewin, where the applicant and his brother consumed a considerable amount of alcohol and smoked marijuana. The three of them left the party at approximately 1:00am the following morning intending to return to the Mako home in Umina.
3 On the way, an argument developed between the applicant and his brother, who was driving, and at one stage, they got out of the car and had a fight. They then resumed their journey, the argument resumed, the brother driving the car, Ms Lewin in the front passenger seat and the applicant sitting behind her.
4 As the argument continued, the applicant picked up a pair of scissors that were on the back seat of the car, put them in front of Ms Lewin’s neck and cut her throat, causing a laceration some 10 centimetres long which required 10 sutures. Although he initially decamped from the scene, the applicant was shortly afterwards arrested, and when interviewed he made full admissions. He stated that he cut the…
Continue reading R v Mako
Sign in free to access the full text
- AGLC
- R v Mako [2004] NSWCCA 90
- Case
- [2004] NSWCCA 90
- Decision Date
CaseChat Overview and Summary
The High Court considered the legal principles surrounding the sentencing of a person who has pleaded guilty. The court examined the relevant authorities and established principles that require a sentencing judge to take into account the advantages of a guilty plea, such as the saving of public resources, the avoidance of further trauma to the victim, and the offender's acceptance of responsibility. The court held that, in this case, the trial judge had failed to adequately consider the utilitarian value of the appellant's guilty plea, and therefore the sentence was excessive.
As a result of the court's decision, the case was remitted to the trial judge for resentencing. The High Court emphasised the importance of considering the benefits of a guilty plea when determining an appropriate sentence. The court did not specify the precise sentence to be imposed but directed that the trial judge must take into account the appellant's guilty plea and its advantages when determining the appropriate punishment. The case serves as a reminder to trial judges of the importance of properly considering the advantages of a guilty plea in the sentencing process.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.