Residential rehab and mitigation: Akoka v R [2017] VSCA 214

follow url Akoka v The Queen [2017] VSCA 214

On 25 August 2017, the Court of Appeal (Warren CJ, Kyrou and Redlich JJA) allowed an appeal against a TES of 6 years’ for armed robbery, aggravated burglary, trafficking methylamphetamine and related offences on the basis that enter the sentencing judge failed to moderate the sentence on account of 12 months spent by the applicant in a residential rehabilitation facility (Odyssey House) prior to sentence. far soldi con operazioni binarie investire video vidti cine forum The applicant pleaded guilty to 10 charges on two indictments, one arising from an armed robbery in June 2015 and the other arising from an aggravated burglary six months later. The armed robbery involved the applicant entering a flat armed with an extendible baton, stealing a range of items, threatening to kill the occupant and brandishing the baton. The aggravated burglary involved the applicant, armed with a hammer, and two accomplices, one armed with a knife, entering a house through an unlocked back door and threatening to stab the occupant or bust his knee caps with the hammer while demanding drugs and money and stealing a number of items.

opsione binaria che cosa e At the time of the offending, the applicant was 21 and 22 years old, had relevant prior convictions, was on bail and was the subject of a community correction order.  He was using methylamphetamine daily and trafficking regularly. However, he made significant progress towards drug rehabilitation during a 12 month stay at Odyssey House prior to sentence.

binäre optionen broker bonus Prior to this appeal, the Court of Appeal had not directly considered the issue of how the punitive nature of residency at a rehabilitation facility is to be taken into account in the exercise of the sentencing discretion. The Court held that the approach adopted by the New South Wales Court of Criminal Appeal and the Supreme Court of the Australian Capital Territory is correct and should be followed in Victoria. That approach involves taking into account time spent as a resident in a rehabilitation facility as time spent in ‘quasi-custody’.

Infosys option trading strategy nse The Court held that sentencing courts in Victoria must take into account the punitive element of residency in a rehabilitation facility, separately and in addition to the rehabilitation achieved during that residency. The extent of the credit to be given will depend on the circumstances of each case, including the duration of the residency and the nature and severity of the restrictions to which an offender has been subject. However, residency at a rehabilitation facility, no matter how restrictive, is not equivalent to time spent in custody and will not ordinarily result in a deduction of the entire period of residency from a custodial sentence.

The Court of Appeal concluded that the judge misapprehended the real significance of the punitive element of the applicant’s residency at Odyssey House and accordingly fell into error.

The Court also considered the principle of mercy and how it may inform the sentencing range. The Court held that while there must always be a place for the exercise of mercy where the circumstances warrant it, it is important to recognise that ‘just’ punishment and proportionality do not permit the imposition of a merciful sentence that is plainly inadequate. In the present case, the judge did not err in refusing to make a community correction order.

The Court of Appeal resentenced the applicant to a total effective sentence of 5 years’ imprisonment with a non-parole period of 2 years and 6 months

Australian Academy of Forensic Science AGM

CBA members are invited to the Australian Academy of Forensic Science (Victorian) Chapter Annual General Meeting and Dinner on 17 August 2017 at 6:30pm at Melbourne University House, The University of Melbourne, 112 Professors’ Walk, Melbourne.

The Dinner will be followed by a plenary presentation by The Hon. Justice Chris Maxwell AC, President, Victorian Court of Appeal.

The AAFS RSVP form and payment must be received by 3 August 2017. Please contact Eva Bruenisholz, email: to secure a place.