SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Saki |
Citation: | [2020] ACTSC 270 |
Hearing Date: | 6 October 2020 |
DecisionDate: | 7 October 2020 |
Before: | Mossop J |
Decision: | See [52] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – unlawful confinement – possession of cannabis – plea of guilty during trial – above mid range of objective seriousness – good prospects of rehabilitation – limited criminal history – risk of deportation – sentence of imprisonment |
Legislation Cited: | Crimes Act 1900 (ACT), ss 34, 38 Crimes (Sentencing) Act 2005 (ACT), ss 7, 35 Drugs of Dependence Act 1989 (ACT), s 171(1)(a) |
Cases Cited: | |
Parties: | The Queen (Crown) Clinton Saki (Offender) |
Representation: | Counsel S Saikal-Skea (Crown) K Archer (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) McKenna Taylor (Offender) | |
File Numbers: | SCC 344 of 2019 SCC 345 of 2019 |
MOSSOP J:
Introduction
Clinton Saki, the offender, has pleaded guilty to one count of detaining a person, with intent to hold him for ransom or for any other advantage to any person and that person suffered grievous bodily harm while being detained (CC2019/10834). This is contrary to s 38(a) of the Crimes Act 1900 (ACT), by virtue of s 45A of the Criminal Code 2002 (ACT). The maximum penalty is 20 years’ imprisonment.
The offender has also pleaded guilty to a transfer charge of possessing a prohibited substance, namely cannabis (CC2019/10833), contrary to s 171(1)(a) of the Drugs of Dependence Act 1989 (ACT). The maximum penalty is a fine of $160.
He has two co-offenders, Mr Chol Bol Nyuon and Ms Mary Ayuel. Mr Nyuon was sentenced by me on 26 June 2020: R v Nyuon [2020] ACTSC 171. Ms Ayuel was sentenced by me on 6 August 2020: R v Ayuel [2020] ACTSC 213.
Facts
The facts were agreed and are set out in the Statement of Facts which was tendered. It should be noted that the agreed facts differ in some respects from those which provided the basis for sentencing in Mr Nyuon and Ms Ayuel’s cases. In summary, the agreed facts are as follows.
In the early hours of 2 October 2019 Mr Nyuon and the victim 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.
The victim had a dentist appointment in the city that day, so at approximately 7:30am he and Mr Nyuon attended Ms Ayuel’s house in Moncrieff. Ms Ayuel is the victim’s cousin. The victim 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.
Despite Ms Ayuel being reluctant to allow the two men to enter her house,…
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- AGLC
- R v Saki [2020] ACTSC 270
- Case
- [2020] ACTSC 270
- Decision Date
CaseChat Overview and Summary
The court considered the objective seriousness of the offences, which was above the mid-range. It also evaluated the defendant's prospects of rehabilitation, noting that Saki had good prospects. The court acknowledged Saki's limited criminal history and the risk of deportation. Balancing these factors, the court determined that a sentence of imprisonment was appropriate. It found that the seriousness of the offences and the need for general deterrence outweighed the mitigating factors.
The Supreme Court of Victoria ultimately sentenced Saki to imprisonment, considering the above mid-range of objective seriousness, the good prospects for rehabilitation, the limited criminal history, and the risk of deportation. This decision was grounded in a thorough analysis of the relevant legal principles and the specific circumstances of the case.
Orders
Orders of the court
See [52]
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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