Sentence given to Akol Akol, who killed Bor Mabil in road crash, so short it ‘erodes’ terms for other road crimes, court told
The sentence given to a drunk, drugged and unlicensed speeding driver who killed Bor Mabil is so short it “erodes” punishment for other road crimes, a court has heard.
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Releasing the drunk, drugged and disqualified driver who killed Bor Mabil next year is “so far below” the standards of justice that it will “erode” sentences for future road crimes, a court has heard.
On Tuesday, prosecutors urged the Court of Criminal Appeal to intervene in the case of Akol Agiu Akol and immediately increase his prison term.
Jim Pearce QC said keeping Akol behind bars for such a short period of time did nothing to stop others getting behind the wheel while grossly incapable of driving safely.
The sentence, he said, was so low that it failed to satisfy public policies of safety and proper punishment for a crime.
“Sentences imposed by the courts must, within the limits of justice and fairness, act as a deterrent to others … this sentence fails that objective,” he said.
“This sentence is so far below what is appropriate that it calls for correction.
“If left to stand, it will erode the standard of sentencing for this offence.”
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 will become eligible for release by the middle of 2021, despite the offence carrying a maximum sentence of life imprisonment.
In sentencing, Judge Paul Slattery noted the state’s courts had repeatedly declined to set a sentencing standard for the offence.
He said that meant each incident had to be punished based on its own unique circumstances.
Director of Public Prosecutions Martin Hinton SC appealed against Akol’s sentence, saying it was manifestly inadequate compared with the gravity of his crime.
On Tuesday, Mr Pearce said Akol had every opportunity to stop, slow down or even not drive in the first place, but continued to be reckless – even with four passengers “yelling at him to slow down”.
He said Akol was well aware of the danger of his actions, having been involved in another crash just months before.
“If there was ever an alarm bell, that was it,” he said.
Justices Kevin Nicholson, Mark Livesey and Chris Bleby will hand down their decision at a later date.