R v Nyuon

[2020] ACTSC 171

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Nyuon

Citation:

[2020] ACTSC 171

Hearing Date:

26 June 2020

DecisionDate:

26 June 2020

Before:

Mossop J

Decision:

See [24]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – common assault – plea of guilty – mid range objective seriousness – prior criminal history – ­­­­sentence of imprisonment

Legislation Cited:

Crimes Act 1900 (ACT), ss 34, 38(1)(a)

Parties:

The Queen (Crown)

Chol Bol Nyuon (Offender)

Representation:

Counsel

S Saikal-Skea (Crown)

B Morrisroe (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Boxall Legal (Offender)

File Number:

SCC 338 of 2019

MOSSOP J:

Introduction

1. Chol Bol Nyuon, the offender, pleaded guilty to one count of common assault (CC2019/13043) on 25 June 2020.

Facts

1. The facts are agreed and, in summary, are as follows. In the early hours of 2 October 2019 the offender and the victim, who I will refer to as KC, 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. KC had a dental appointment in the city that day, so at approximately 7:30am he and the offender attended Ms Mary Ayuel’s house in Moncrieff. Ms Ayuel is KC’s cousin. KC intended to ask Ms Ayuel to drive him to the city for his appointment, on the basis that he would give her $18 as petrol money.

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

1. Approximately five minutes later KC went into the living room. Mr Saki came into the room and shouted in a loud voice words to the effect “Fuck, fuck, what happened? Someone has stolen my money.”  Mr Saki immediately accused KC of stealing the $450, which he said was for his mother in Africa. He then went and got a knife and threatened to stab KC. Ms Ayuel and the offender stopped Mr Saki from doing so. Mr Saki and Ms Ayuel then undressed KC, however they did not locate the $450. They stole the $18 cash from KC at some point.

1. Mr Saki then proceeded to tie KC up and beat him with electric cables and burn him with a white household iron. The offender and Ms Ayuel were not present while Mr Saki burned KC.

1. The offender attended Liquorland in Amaroo and purchased a bottle of ‘Whispers’ alcohol and a bottle of ‘Passion Pop’. He then attended Coles Amaroo with…