SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Sidaros (No 6) |
| Citation: | [2021] ACTSC 24 |
| Hearing Date: | 15 February 2021 |
| Decision Date: | 16 February 2021 |
| Before: | Mossop J |
| Decision: | See [65] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – intentionally inflicting grievous bodily harm – attempted arson with intent to endanger life – aggravated burglary – arson – offences in the mid range of objective seriousness – act endangering life – dishonestly riding in a motor vehicle without consent – above mid range of objective seriousness – failing to properly store ammunition – low end of objective seriousness – found guilty in judge alone trial – offending occurred in the context of outlaw motorcycle gang activities – medium risk of reoffending – ongoing association with an outlaw motorcycle gang – no acceptance of responsibility or remorse – family support – young offender – reparation order – sentences of imprisonment imposed |
| CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – principles of sentencing following a retrial – no material difference in facts found – original sentences not manifestly inadequate or affected by specific error – term of original sentences not exceeded | |
| Legislation Cited: | Crimes Act 1900 (ACT), ss 19, 117(1), 27(3)(d) Crimes (Sentencing) Act 2005 (ACT), s 19 Criminal Code 2002 (ACT), ss 44, 45A, 312, 318(2), 404(1) Firearms Act 1996 (ACT), s 181(1)(b) |
| Cases Cited: | Giotas v R [2008] NSWCCA 287 R H McL v The Queen [2000] HCA 46; 203 CLR 452 R v Hannes [2002] NSWSC 1182; 173 FLR 1 R v Sidaros (No 4) [2020] ACTSC 87 Tarrant v R [2007] NSWCCA 124; 171 A Crim R 425 |
| Parties: | The Queen (Crown) Axel Sidaros (Offender) |
| Representation: | Counsel |
| T Hickey (Crown) | |
| M Thangaraj SC and S Pararajasingham (Offender) | |
| Solicitors | |
| ACT Director of Public Prosecutions (Crown) | |
| Kamy Saeedi Law (Offender) | |
File Numbers: | SCC 312 of 2018 SCC 313 of 2018 |
| MOSSOP J: | |
| Introduction |
1. On 23 December 2020 following a nine-day judge alone trial, I found the offender, Axel Sidaros, guilty of the following six offences:
(a) count 2: intentionally inflicting grievous bodily harm on Peter Zdravkovic contrary to s 19 of the Crimes Act 1900 (ACT); (b) count 3: attempted arson with intent to endanger life contrary to s 117(1) of the Crimes Act and s 44 of the Criminal Code 2002 (ACT); (c) count 4: aggravated burglary contrary to s 312 of the Criminal Code; (d) count 5: arson contrary to s 404(1) of the Criminal Code; (e) count 6: act endangering life contrary to s 27(3)(d) of the Crimes Act; and (f) count 7: dishonestly riding in a motor vehicle without consent contrary to s 318(2) of the Criminal Code. 2. All counts, with the exception of count 7, are offences of joint commission under s 45A of the Criminal Code.
The maximum penalty for intentionally inflicting grievous bodily harm is 20 years’
imprisonment. The…
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CaseChat Overview and Summary
The court assessed the objective seriousness of each offence, noting that they were all part of a coordinated attack motivated by gang-related retribution. The attempted murder charge, which was not sustained in the retrial, had previously influenced the sentencing considerations. Given the similarities in facts and the principle that an offender should not be worse off after a successful appeal, the court decided that the previous sentences should not be exceeded. The court did, however, adjust the sentences to reflect the absence of the attempted murder charge and to address the issue of totality through concurrency. The defendant was also convicted and sentenced for a transfer charge of failing to properly store ammunition. The court imposed a reparation order for the offence of arson, reflecting the harm caused to the victim. The final sentences resulted in a head sentence of nine years and nine months, with a non-parole period of five years and six months.
Orders
Orders of the court
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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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