SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 67 of 2008
| THE QUEEN |
| v |
| AKIN SARI |
---
JUDGES: | MAXWELL P, ASHLEY JA and LASRY AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 12 June 2008 | |
DATE OF JUDGMENT: | 7 August 2008 | |
MEDIUM NEUTRAL CITATION: | [2008] VSCA 137 | |
---
CRIMINAL LAW – Sentence – Appeal – Total effective sentence of 28 months’ imprisonment with non-parole period of 14 months for one count of aggravated burglary, three counts of criminal damage, two counts of common assault, two counts of riot, and one count of theft – Double punishment – Whether to impose no punishment or quash the conviction – Parity – Selective prosecution – Remorse and rehabilitation – Appeal allowed but no change in total effective sentence or non-parole period – Forensic sample order – Whether amenable to review on appeal against sentence.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J D McArdle QC | Mr S Ward, Acting Solicitor for Public Prosecutions |
For the Appellant | Mr L C Carter | Markotich Lawyers |
MAXWELL P:
I have had the considerable advantage of reading in draft the reasons for judgment of Ashley JA and Lasry AJA. I agree with Lasry AJA that the appellant’s conviction on count 8 should be quashed. The sentencing discretion being thereby reopened, I would re-sentence the appellant as proposed by Ashley JA. My reasons are as follows.
Lasry AJA has rightly described these as ‘very serious offences’. I agree with his Honour, and with the sentencing judge, that their seriousness is in no way mitigated by the appellant’s philosophical objections to the G20 summit. Indeed, as the sentencing judge commented during the plea, the appellant’s behaviour was in direct conflict with his political views. Terrifying innocent people who are simply performing the duties of their employment seems impossible to reconcile with a commitment to fighting injustice.
The invasion of the Defence Force Recruiting Centre (Courts 1 and 2) is especially troubling. Defence counsel on the plea said that the appellant and the others involved felt ‘a particular need … to cause some disruption at that building’. So this was a deliberate targeting of particular premises – quite unconnected to the G20 summit – and it was evidently a deliberate decision to enter and ‘cause some disruption’, rather than (for example) to protest peacefully outside. In the circumstances, the concession made by the appellant’s counsel on the appeal – that his client went ‘looking for trouble’ – was unavoidable.
Aggravated burglary is an offence carrying a maximum penalty of 25 years’ imprisonment. Parliament has thus signified clearly its intention that aggravated burglary be treated very seriously.[1] Even allowing (as the judge did) for the short duration of the entry, the appellant’s sentence of six months for this offence was extremely lenient. Importantly for present purposes, the appellant’s violent behaviour on the Friday throws a quite different light on his involvement in the riots
of Saturday, as compared with that of the co-offenders in those riots. By the time of the first…
Continue reading R v Sari
Sign in free to access the full text
- AGLC
- R v Sari [2008] VSCA 137
- Case
- [2008] VSCA 137
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the total effective sentence of 28 months’ imprisonment with a non-parole period of 14 months was excessive, whether the trial judge had failed to properly consider the principles of parity, selective prosecution, remorse, and rehabilitation, and whether a forensic sample order was amenable to review on appeal against sentence. The court considered the principles of sentencing and the relevant factors to be taken into account in determining the appropriate sentence. The court also considered the arguments raised by the appellant in relation to the principles of parity, selective prosecution, remorse, and rehabilitation.
The court found that the total effective sentence of 28 months’ imprisonment with a non-parole period of 14 months was not excessive, but that the trial judge had failed to properly consider the principles of parity, selective prosecution, remorse, and rehabilitation. The court held that the sentence was appropriate in the circumstances of the case, but that the trial judge had not adequately considered the principles of parity and selective prosecution. The court also found that the appellant had shown remorse and had a reasonable prospect of rehabilitation. The court allowed the appeal but made no change to the total effective sentence or non-parole period. The court also held that a forensic sample order was not amenable to review on appeal against sentence.
The court allowed the appeal but made no change to the total effective sentence or non-parole period. The court also held that a forensic sample order was not amenable to review on appeal against sentence. The court noted that the appellant had been subject to a forensic sample order under the Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic), but that the order was not subject to review on appeal against sentence. The court held that the appellant would have to seek review of the order under the relevant legislation.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.