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, 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, court told.

Jail term for killer driver ‘so far below’ standard

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.

Bor Mabil, right, with her cousin Abiei Ajak and brother Awer Mabil in 2015. Picture: James Elsby/The Australian
Bor Mabil, right, with her cousin Abiei Ajak and brother Awer Mabil in 2015. Picture: James Elsby/The Australian

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.

Bor Mabil died after Akol Akol crashed his car while driving drunk and high. Picture SUPPLIED
Bor Mabil died after Akol Akol crashed his car while driving drunk and high. Picture SUPPLIED

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.

Originally published as Jail term for killer driver 'so far below' standard


CQ groups get $150k to build community resilience

Premium Content CQ groups get $150k to build community resilience

Funding goes specifically to cotton-growing communities to assist with recovery...

Why hundreds are lining up to go through hell

Premium Content Why hundreds are lining up to go through hell

‘They’ll be climbing, crawling, slipping, sliding, dodging, diving...’

CQ shire’s hi-tech solution to illegal dumping

Premium Content CQ shire’s hi-tech solution to illegal dumping

The upgrades aim to reduce illegal dumping and costs for the council.