SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2011 0276
| MOHI KENNETH TAMATI | |
| Appellant | |
| v | |
| THE QUEEN | Respondent |
S APCR 2011 0277
| JAHDON KENNETH TAMATI | Appellant |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | BONGIORNO and HARPER JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 29 June 2012 | |
DATE OF JUDGMENT: | 29 June 2012 | |
MEDIUM NEUTRAL CITATION: | [2012] VSCA 153 | |
JUDGMENT APPEALED FROM: | DPP v Mohi Tamati and Jahdon Tamati (Unreported, County Court of Victoria, Judge Chettle, 11 October 2011) | |
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SENTENCE – False imprisonment, intentionally causing injury, intentionally causing serious injury and assault – Parity – Whether proper weight given by sentencing judge to differences in age, criminal history and culpability as between the two appellants and their co-offenders – Appeal allowed – Appellants re-sentenced – No point of principle.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant Mohi Tamati | Ms C B Hollingworth | Robert Stary Lawyers |
| For the Appellant Jahdon Tamati | Mr S A Moglia | James Dowsley & Associates |
| For the Respondent | Mr P B Kidd SC | Mr C Hyland, Solicitor for Public Prosecutions |
BONGIORNO JA:
I will ask Harper JA to deliver the first judgment.
HARPER JA:
Introduction
On 1 February this year, I gave the present appellants, Jahdon Tamati and his brother Mohi, leave to appeal their sentences but only on one of a number of grounds upon which they originally relied. It was that the sentencing judge failed to make due allowance when sentencing them to differences in their culpability and circumstances when these sentencing considerations are compared with those of two of their co‑offenders.
A recapitulation of the background is necessary. On Friday 1 January 2010, three persons who held themselves out as vendors of ecstasy tablets, met with three prospective purchasers. At about 9.30 am a deal was done. One of the purchasers, Adam Gray, handed $13,000 to one of the vendors, Cihan Ayna, who promised to supply 1,000 tablets in return. It seems that Gray was acting, at least in part, on behalf of a man called Daniel Best.
Having received the cash, Ayna departed. His announced intention was to collect, and return with, the tablets while two of his companions, Yaldez Demirkol and Michael Salatas, remained with Gray and his two companions, Daniel Best and Melissa Knight.
Whether the continued presence of Demirkol and Salatas were originally intended as security for Ayna’s return is not of any real moment. Their status as hostages became unarguable when, an hour having passed and Ayna having failed to return, Demirkol and Salatas were locked in a van and driven away. During part of this journey, their ankles and wrists were bound by rope and duct tape. Gray, who had a firearm, threatened to shoot them. Best, who had a bottle of acid, threatened to pour it over Demirkol.
For the next four days or so, the captives were kept under guard as the van moved from place to place. From time to time they were tied to chairs in the rear of the van and from time…
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- AGLC
- Tamati v The Queen [2012] VSCA 153
- Case
- [2012] VSCA 153
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentencing judge had correctly applied the principles of parity in sentencing. The court considered whether the sentencing judge had given proper weight to the mitigating factors of Tamati's younger age, lesser criminal history, and comparatively lower culpability. The court concluded that the sentencing judge had not adequately taken these factors into account, which resulted in an unfair disparity between Tamati's sentence and those of his co-offenders.
In reaching its decision, the court emphasised the importance of parity in sentencing, ensuring that sentences reflect the individual circumstances and culpability of each offender. The court noted that Tamati's age and criminal history were significant mitigating factors that should have been more prominently considered. Given the sentencing judge's failure to properly weigh these factors, the court allowed the appeal and ordered that Tamati be re-sentenced. The court found no point of principle in the matter, indicating that the outcome was specific to the unique circumstances of this case.
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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