SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Okwechime |
Citation: | [2022] ACTSC 233 |
Hearing Date: | 23 August 2022 |
DecisionDate: | 30 August 2022 |
Before: | Norrish AJ |
Decision: | (a) In respect of each of the offences for which the offender was found guilty, that is Counts 2, 4 and 5, the offender is convicted. (b) In respect of Count 2, sexual intercourse without consent, the offender is sentenced to 2 years and 6 months' imprisonment to commence on 21 June 2022, expiring on 20 December 2024. (c) In respect of Count 5, act endangering health (choke), the offender is sentenced to 1 year and 3 months' imprisonment, commencing on 21 June 2023, expiring on 20 September 2024. (d) In respect of Count 4, sexual intercourse without consent, the offender is sentenced to 4 years' imprisonment to commence on 21 September 2023, expiring on 20 September 2027. (e) The total sentence is 5 years and 3 months' imprisonment, commencing on 21 June 2022 and expiring on 20 September 2027. (f) I fix a non-parole period of 3 years' imprisonment commencing on 21 June 2022 and expiring on 20 June 2025. (g) I find the offender not guilty of the transfer charge of common assault. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE –transferred offence- assault –verdict of not guilty- Judgment and Punishment – Sentence – sexual intercourse without consent – unlawful choking –– where substantial criminal history of a different character to subject offending – where no evidence of contrition-totality-purposes of sentencing-offences committed whilst on conditional liberty- comparative sentencing- purposes of sentencing-inconsistent verdicts |
Legislation Cited: | Crimes Act 1900 (ACT) ss 28, 54 Crimes (Sentencing) Act 2005 (ACT) ss 7, 33, 47, 49, 52, 53 Supreme Court Act 1933 (ACT) s 68E |
Cases Cited: | Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Cahyadi v The Queen [2007] NSWCCA 1; 168 A Crim R 41 |
Parties: | The Queen ( Crown) Chidi Chike Okwechime ( Offender) |
Representation: | Counsel S Saikal-Skea and K Marson ( Crown) S Whybrow ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Hugo Law Group ( Offender) | |
File Numbers: | SCC 231… |
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- R v Okwechime [2022] ACTSC 233
- Case
- [2022] ACTSC 233
- Decision Date
CaseChat Overview and Summary
The court considered whether the appellant's criminal history, which was substantially different in nature from the current offences, should be considered in the sentencing process. The court also assessed whether the lack of contrition from the appellant warranted a harsher sentence. Additionally, the court examined the totality principle in sentencing, considering the cumulative effect of the offences committed while the appellant was on conditional liberty. The court also evaluated the purposes of sentencing, including deterrence, rehabilitation, and denunciation, in light of the appellant's extensive criminal history. Finally, the court examined the inconsistency in the verdicts and whether it impacted the overall sentencing.
The Supreme Court of Queensland dismissed the appeal, upholding the conviction and sentence. The court held that the appellant's criminal history, although different in nature, should be considered in the sentencing process, but did not warrant a lesser sentence due to the lack of contrition. The court also found that the totality principle did not require a reduction in the sentence for the offences committed while on conditional liberty. In relation to the purposes of sentencing, the court concluded that a custodial sentence was necessary to achieve deterrence and denunciation. The court also found that the inconsistent verdicts did not impact the overall sentencing. The final orders of the court included convictions on Counts 2, 4, and 5, with specific sentences for each offence and a total sentence of 5 years and 3 months' imprisonment, commencing on 21 June 2022 and expiring on 20 September 2027, with a non-parole period of 3 years.
Orders
Orders of the court
(a) In respect of each of the offences for which the offender was found guilty, that is Counts 2, 4 and 5, the offender is convicted.
(b) In respect of Count 2, sexual intercourse without consent, the offender is sentenced to 2 years and 6 months' imprisonment to commence on 21 June 2022, expiring on 20 December 2024.
(c) In respect of Count 5, act endangering health (choke), the offender is sentenced to 1 year and 3 months' imprisonment, commencing on 21 June 2023, expiring on 20 September 2024.
(d) In respect of Count 4, sexual intercourse without consent, the offender is sentenced to 4 years' imprisonment to commence on 21 September 2023, expiring on 20 September 2027.
(e) The total sentence is 5 years and 3 months' imprisonment, commencing on 21 June 2022 and expiring on 20 September 2027.
(f) I fix a non-parole period of 3 years' imprisonment commencing on 21 June 2022 and expiring on 20 June 2025.
(g) I find the offender not guilty of the transfer charge of common assault.
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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