Akol Agiu Akol, who killed Bor Mabil in a crash while drunk, disqualified and speeding, has sentence extended by Supreme Court
A drunk, speeding, disqualified driver who killed his passenger has had his prison time increased after a court ruled his sentence was so low it would undermine public faith in the justice system.
SA News
Don't miss out on the headlines from SA News. Followed categories will be added to My News.
- Killer driver’s sentence ‘so short it erodes sentencing’, court told
- How to get the most out of your Advertiser digital subscription
A drunk, speeding, drug-affected and unlicensed driver has had more than a year added to his non-parole period after the Supreme Court ruled that his initial sentence was inappropriately low.
Akol Agiu Akol was arrested in January 2019 for a crash which killed 19-year-old nursing student Bor Mabil in Adelaide’s north.
Akol, 20, of Davoren Park, was drunk, unlicensed, speeding and affected by MDMA when he crashed Ms Mabil’s car in 2019.
In February, he was jailed for more than three years – however, his 2 ½- year non-parole period was backdated to the date of the crash.
As a result, Akol would have been eligible for release by the middle of 2021, despite the offence carrying a maximum sentence of life imprisonment.
Prosecutors filed an appeal against the “manifestly inadequate” penalty, saying it is “so far below” the standards of justice that it will “erode” sentences for future road crimes.
On Friday the Supreme Court of Criminal Appeal overturned the original sentence in a unanimous ruling.
Justice Mark Livesey, who wrote the leading opinion in the judgment, said the original sentence was so low as to erode faith in the justice system.
“The sentence is so disproportionate to the seriousness of the crime as to require intervention so that appropriate standards of penalty, and public confidence in the administration of justice, can be maintained,” he said.
“As well, deterrence, particularly personal deterrence, warrants intervention.”
Akol was driving at more than 100km/h in the early hours of January 26, when he crashed off the road at Andrews Farm.
Ms Mabil was sitting in the front passenger seat and died on impact.
MDMA traces were found in Akol’s blood and an expert report concluded that his blood alcohol was around .22, more than four times the legal limit.
The driver of another car which was driving alongside Akol is still before the courts.
During sentencing submissions, Akol said he accepted complete responsibility for the crash and gave an emotional apology to Ms Mabil’s family.
The relatives of the young woman, whose brother is Socceroo Awer Mabil, left court, rather than listen to apology.
Akol had been disqualified from driving after crashing head on into another car only four months before the fatal crash.
Justice Livesey said Akol’s youth was a factor in sentencing, but his previous driving history also played a part.
“Driving at high speed while heavily affected by alcohol on the wrong side of a suburban roadway at night, approaching a left-hand bend, cannot be relegated to mere immaturity, particularly given the previous offending only four months before,” he said.
“The respondent knew that there were young passengers in both vehicles.”
Akol will be eligible for parole in late 2022.