R v Pikula
[2019] ACTSC 7
•31 January 2019
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Pikula |
| Citation: | [2019] ACTSC 7 |
| Hearing Date: | 31 January 2019 |
| Decision Date: | 31 January 2019 |
| Before: | Elkaim J |
| Decision: | See [12] |
| Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – |
| Attempted to conceal evidence with the intention of influencing the outcome of a legal proceeding | |
| Legislation: | Criminal Code 2002 (ACT) s 706 Crimes (Sentence Administration) Act 2005 (ACT) |
| Parties: | The Queen (Crown) |
| Tavake Lee Pikula (Offender) | |
| Representation: | Counsel |
| A Williamson (Crown) D Rutherford (Offender) | |
| Solicitors | |
| ACT Director of Public Prosecutions (Crown) Aboriginal Legal Service (NSW / ACT) Ltd (Offender) | |
| File Number: | SCC 153 of 2018 |
| ELKAIM J: |
1. On 7 November 2018, the offender pleaded guilty to attempting to conceal evidence, between 2 and 29 November 2016, with the intention of influencing the outcome of a legal proceeding in the ACT.
2. This is an offence pursuant to s 706 of the Criminal Code 2002 (ACT). The maximum punishment is seven years imprisonment and, or a fine of $105,000.
3. The background facts can be found in my remarks in the other matter which I dealt with today in which his brother Taniela Pikula was sentenced. Full details can be found in the Statement of Facts.
This offender’s role was in attempting to remove the shot gun from Ms Deanna Pikula’s
address after she had overheard a conversation stating that the gun had been hidden at her home. Fortunately Ms Pikula refused the offender permission to remain on her premises and he was not able to obtain the gun.
5. The offender knew that the weapon had been involved in crime. I accept however, that he was not aware that the crime was a murder.
6. He has also stated that he was motivated to protect the children that lived with Ms Deanne Pikula.
7. The offender also has a significant criminal history. He was born in 1985. He is one of seven children to his parents and he too was exposed to alcohol abuse and domestic abuse as he grew up. He left school in Year 7 and soon found himself in prison. He took advantage of prison to obtain a number of qualifications. Unfortunately he has never been in full-time employment. He also relies on unemployment benefits.
8. The offender has effectively been in custody for this matter for a total of 293 days. Accordingly any prison sentence should be backdated to 14 April 2018.
9. In sentencing this offender principles of parity with his brother must be considered. There are however, some important distinctions. The offender did not cooperate to the same extent as his brother. Secondly no assessment for an ICO was requested. Finally he has
already served almost 10 months’ in prison.
10. He does however have the benefit of a plea of guilty. I assess the discount at approximately 20 per cent.
11. The Pre-Sentence Report makes a number of recommendations about areas of concern. I think these areas need to be addressed through conditions on a Good Behaviour Order.
12. I make the following orders:
(a) In relation to the offence of attempting to conceal evidence (CC18/3692), the offender is sentenced to 8 months’ imprisonment to commence on 14 April 2018
and end on 14 December 2018.
(b) The offender is to be released forthwith on condition that he enter into a Good Behaviour Order for a period of 9 months and comply with his obligations under the Crimes (Sentence Administration) Act 2005 (ACT) and further that he accept the supervision of ACT Corrective Services and obeys all reasonable directions of the Director-General or her delegate for 9 months or such shorter time as the Director-General decides. The Good Behaviour Order is subject to the following additional conditions: that the offender engage in such programs as the Director-General decides in respect of drug abuse, mental health treatment and Cognitive Behavioural Treatment. I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim.
Associate:
Date: 7 December 2020
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