SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Uluikadavu |
Citation: | [2020] ACTSC 237 |
Hearing Dates: | 9 July and 4 September 2020 |
DecisionDate: | 4 September 2020 |
Before: | Murrell CJ |
Decision: | Sentenced to 13 months’ imprisonment to be served by intensive correction in the community with a community service work condition. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Recklessly inflict grievous bodily harm – “One punch” offence |
Legislation Cited: | Crimes Act 1900 (ACT) ss 20, 25 Crimes (Sentencing) Act 2005 (ACT) ss 7, 33, 35 |
Cases Cited: | R v Deng [2017] ACTSC 338 |
Parties: | The Queen (Crown) Elimi Uluikadavu (Offender) |
Representation: | Counsel M Dyason (Crown) M Kukulies-Smith (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Law (Offender) | |
File Number: | SCC 294 of 2019 |
MURRELL CJ:
On 20 May 2020, the offender pleaded guilty to the offence that, on 17 February 2019, he caused grievous bodily harm by an unlawful act, contrary to s 25 of the Crimes Act 1900 (ACT) (Crimes Act).
The maximum penalty for this offence is five years' imprisonment.
The plea was entered after the second of two closely spaced criminal conferences. Unfortunately, because of the way in which matters were listed, both criminal case conferences occurred very shortly before the scheduled trial date of 25 May 2020.
Given these listing circumstances, the offender is entitled to a discount of 15 per cent to reflect the utilitarian value of the plea, noting that the Crown case was quite strong.
The offender has spent no time in custody in relation to this offence.
Facts
At 1 AM on 17 February 2019, the complainant and two friends (one of whom was Mr Ghiasuand) went to Shorty's Bar in Civic. Mr Ghiasuand ordered two drinks at the bar.
The offender approached Mr Ghiasuand and suggested that they “go outside”. Neither the complainant nor Mr Ghiasuand knew the offender.
The offender was wearing a red shirt. He was with his partner, Ms Johnstone.
The offender placed an arm around Mr Ghiasuand's back and alleged that Mr Ghiasuand had touched his partner, a proposition that Mr Ghiasuand refuted.
The offender moved towards Mr Ghiasuand's face and, for about 40 seconds, the offender argued with him. The complainant was standing behind Mr Ghiasuand. At one point, the offender placed his hand on the back of Mr Ghiasuand's neck, and the complainant removed it.
Approximately 10 seconds later, the offender's partner placed herself between the offender and Mr Ghiasuand, and pushed the offender away.
CCTV footage shows that the offender was behaving aggressively throughout the incident. He was dishevelled and was persistently moving towards and speaking to Mr Ghiasuand.
After the first part of the incident, the offender approached Mr Ghiasuand for a second time.
The complainant gestured towards the security guards, and a security guard…
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- AGLC
- R v Uluikadavu [2020] ACTSC 237
- Case
- [2020] ACTSC 237
- Decision Date
CaseChat Overview and Summary
The court examined several factors, including the brutality of the attack, the vulnerability of the victim, and the appellant's criminal history. It was also noted that the appellant had shown remorse and had no previous convictions. The prosecution argued for a sentence that would serve as a strong deterrent, while the defence sought a more lenient approach, considering the appellant's otherwise clean record and the possibility of rehabilitation. The court had to balance these competing considerations to arrive at a sentence that was both just and appropriate.
In delivering its judgment, the court acknowledged the severity of the offence but also recognised the appellant's lack of prior criminal activity and his display of remorse. The court ultimately determined that a sentence of 13 months' imprisonment, to be served through intensive correction in the community with a condition of community service work, was appropriate. This decision reflected the need for punishment while also providing an opportunity for the appellant to contribute to the community and potentially rehabilitate.
Orders
Orders of the court
Sentenced to 13 months’ imprisonment to be served by intensive correction in the community with a community service work condition.
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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