R v Akok [2019] NSWSC 1235

R v Akok [2019] NSWSC 1235

The Court found beyond reasonable doubt that the offender intended to kill the deceased, at least by the time he inflicted the long and deep wound to the neck. The murder was a very grave example of the offence because it involved fatal violence against a vulnerable and ultimately defenceless young man, repeated blows, use of a broken bottle, and an intention to kill. However, the offender's early guilty plea, youth, severe early deprivation as a Sudanese refugee, and mental condition at the time of the offence, being at least the prodromal stage of schizophrenia and causally relevant to the offending, powerfully mitigated sentence. A head sentence of 16 years with a non-parole period of...

Jurisdiction
Australia
Judgment Date
18 September 2019
Procedural Posture
Criminal Sentencing for Murder / Sentence After Guilty Plea
Outcome
Convicted of murder and sentenced to imprisonment for 16 years with a non-parole period of 12 years.
Legal Topics
['murder' 'plea of Guilty' 'intent to Kill' 'objective Seriousness' 'subjective Features' 'youth' 'mental Illness' 'schizophrenia' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'plea of Guilty' 'intent to Kill' 'objective Seriousness' 'subjective Features' 'youth' 'mental Illness' 'schizophrenia' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the offender intended to kill the deceased or intended only to inflict really serious physical injury.' 'Assessment of the objective seriousness of the murder.' "Effect of the offender's youth, deprived refugee background, intoxication, and mental illness on sentence." 'Whether special circumstances warranted adjustment of the non-parole and parole periods.']

Ratio Decidendi

The Court found beyond reasonable doubt that the offender intended to kill the deceased, at least by the time he inflicted the long and deep wound to the neck. The murder was a very grave example of the offence because it involved fatal violence against a vulnerable and ultimately defenceless young man, repeated blows, use of a broken bottle, and an intention to kill. However, the offender's early guilty plea, youth, severe early deprivation as a Sudanese refugee, and mental condition at the time of the offence, being at least the prodromal stage of schizophrenia and causally relevant to the offending, powerfully mitigated sentence. A head sentence of 16 years with a non-parole period of...

Court Disposition

Convicted of murder and sentenced to imprisonment for 16 years with a non-parole period of 12 years.

Orders

  • ['Marko Akok is convicted of the offence of murder.' 'A non-parole period of 12 years is imposed, to date from 28 October 2015.' 'A parole period of 4 years is imposed, to commence on 28 October 2027 and to expire on 27 October 2031.' 'The head sentence is imprisonment for 16 years, with a non-parole period of 12...