R v Akauola [2021] NSWDC 767

R v Akauola [2021] NSWDC 767

For three substantive offences committed by Daniel Akauola, utilitarian discount of 25% applied for early guilty plea. Aggregate sentence assessed as four years imprisonment, with a non-parole period of three years, reflecting the objective seriousness (mid-range for wounding police officer, bottom of range for other offences), criminal history, personal circumstances, and lack of demonstrated victim empathy. Sentence commences 23 March 2021 and is not backdated further, to avoid negating previous sentences or ICO revocations.

Parties
Crown: R; Offender: Daniel Akauola
Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Criminal / Sentencing
Legal Topics
Sentencing, Enter Dwelling House With Intent to Steal, Assault Occasioning Actual Bodily Harm, Wounding a Police Officer, Aggregate Sentences
Criminal Law Sentencing Enter Dwelling House With Intent to Steal Assault Occasioning Actual Bodily Harm Wounding a Police Officer Aggregate Sentences

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Parties

R

Crown

Daniel Akauola

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for three substantive offences: entering dwelling house in company with intent to steal, assault occasioning actual bodily harm in company, wounding a police officer in the execution of his duty
  2. 2 Assessment of objective seriousness of offences
  3. 3 Impact of history and personal circumstances on sentencing

Ratio Decidendi

For three substantive offences committed by Daniel Akauola, utilitarian discount of 25% applied for early guilty plea. Aggregate sentence assessed as four years imprisonment, with a non-parole period of three years, reflecting the objective seriousness (mid-range for wounding police officer, bottom of range for other offences), criminal history, personal circumstances, and lack of demonstrated victim empathy. Sentence commences 23 March 2021 and is not backdated further, to avoid negating previous sentences or ICO revocations.