R v Mohamed

Case [2008] VSC 299


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No 1567 of 2007

THE QUEEN
v
ABDEWELI MOHAMED,
SHARMAKE AIDID and
MA

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JUDGE:

NETTLE JA

WHERE HELD:

Melbourne

DATES OF HEARING:

2-18 June, 1 August 2008

DATE OF SENTENCE:

13 August 2008

CASE MAY BE CITED AS:

R v Mohamed & Ors

MEDIUM NEUTRAL CITATION:

[2008] VSC 299

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CRIMINAL LAW – Sentence – Manslaughter by unlawful and dangerous act – Two accused found guilty of manslaughter and one found guilty of assault – Death resulted from altercation on busy road late at night – Alleged break in causation – Deceased ran from altercation and was struck by vehicle travelling at excessive speed – Young offenders all students – Evident remorse – Excellent prospects for rehabilitation – Two sentenced to Youth Justice Centre orders of three years – Third sentenced to 12 months Community Based Order.

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APPEARANCES:

Counsel Solicitors
For the Crown Mr C W Beale with
Mr P A Stefanovic
Mr S Ward, Acting Solicitor for Public Prosecutions

For the Accused 
Abdeweli Mohamed

Mr D A Glynn with
Mr P McClure
Doogue & O’Brien

For the Accused 
Sharmake Aidid

Mr D J McKenzie

Victoria Legal Aid

For the Accused
MA
Mr A McL Jackson Gleeson (Michael J) & Associates Pty

HIS HONOUR:

  1. Sharmake Aidid and MA, you have been found guilty of the manslaughter of Lionel Norris on 6 December 2006 and, Abdeweli Mohamed, you have been found guilty of assaulting Mr Norris.

The facts  

  1. On 6 December 2006, the three of you drove together in a borrowed car to The Mall in Bell Street Heidelberg West.  After you had spent about an hour there together, you set off home in the car.  Along the way, you pulled into the BP Service Station in Bell Street, Heidelberg Heights to buy petrol.  You, Abdeweli Mohamed, got out of the car to put the petrol in the tank while the others of you remained in the car.  As you were filling the tank, Lionel Norris wandered up to you and asked you whether you could spare a cigarette.  He was drunk and belligerent and positioned himself uncomfortably close to you.  You told him, as was the fact, that you did not smoke.

  1. Mr Norris continued on into the petrol station shop and inquired of the attendant whether his wife had been in to telephone the police.  After some hesitation, the attendant told him that she had been.  You, Abdeweli Mohamed, then entered the shop to pay for the petrol, and at that point Mr Norris left the shop and headed out across the apron of the station.  As he did so, he gestured towards you, Sharmake Aidid and MA, as you sat in the car and he made a threatening sign with his hand, like a cocked pistol, and shouted drunken abuse at you.  Then he turned right onto the northern footpath of Bell Street and began to walk westward.

  1. Moments later, Abdeweli Mohamed returned from…

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R v Mohamed [2008] VSC 299
Case
[2008] VSC 299
Decision Date

CaseChat Overview and Summary

The case of R v Mohamed involved three young offenders, all of whom were found guilty of various charges relating to an altercation that resulted in the death of a fourth individual. The defendants were all students who had been involved in an incident on a busy road late at night. The deceased ran from the altercation and was subsequently struck by a vehicle travelling at an excessive speed, leading to their death. The central legal issue before the court was whether there was a break in the chain of causation between the defendants' actions and the deceased's death. Additionally, the court had to determine appropriate sentences for the offenders, taking into account their young age, evident remorse, and potential for rehabilitation.

The court found that while the defendants' actions did contribute to the circumstances leading to the death, there was no break in the chain of causation. The court held that the defendants' unlawful and dangerous act created a situation that made the deceased's death a reasonably foreseeable consequence. Therefore, the defendants were held responsible for the death, with two found guilty of manslaughter and one of assault occasioning actual bodily harm. In determining the sentences, the court considered the young age of the offenders, their evident remorse, and their excellent prospects for rehabilitation. As a result, the two offenders found guilty of manslaughter were sentenced to Youth Justice Centre orders of three years each, while the offender found guilty of assault was sentenced to a 12-month Community Based Order.

The court's reasoning focused on the significant consequences of the defendants' actions, which led to the death of the deceased. Despite the remorse shown by the offenders and their potential for rehabilitation, the court considered it necessary to impose sentences that reflected the gravity of their crimes and the need to deter similar behaviour in the future. The court also emphasised the importance of holding young offenders accountable for their actions while providing them with opportunities for rehabilitation and reintegration into society. In this case, the court found that Youth Justice Centre orders and a Community Based Order were the most appropriate sentences, balancing the need for punishment, deterrence, and rehabilitation.

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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