Event and Time
Event Description
- The case involves Abol Yak who pleaded guilty to multiple charges, including aggravated burglary and criminal damage, in addition to summary offences related to an incident that occurred on two separate occasions in 2019.
Application and Claims
- Yak pled guilty to:
- Aggravated Burglary (s 77, Crimes Act 1958 (Vic)) - Criminal Damage (s 197(1), Crimes Act 1958 (Vic)) - Commit Indictable Offence on Bail (s 30B, Bail Act 1997 (Vic)) - Unlawful Assault (s 23, Summary Offences Act 1966 (Vic)) - Refuse to Leave Private Place (s 9(1)(f), Summary Offences Act 1966 (Vic))
- The specifics of the offending included:
- An assault on Sarah Rog involving physical violence and property damage. - A second incident characterized as aggravated burglary involving threats and physical assault on the same victim.
Judicial Decisions
- The court discussed the implications of Yak’s prior conduct and the sequence of events surrounding both incidents when determining the appropriate sentence.
- Yak was offered a Community Corrections Order (CCO) without conviction, despite the serious nature of the offences.
Dispute Points and Legal Basis
Dispute Points
- Prosecution’s Argument:
- Emphasized the violent nature of the incidents, the impact on the victim, and Yak's actions which included using an object to damage property and physically assault the victim. - Stressed that the offences were committed while Yak was on bail, indicating a disregard for legal obligations.
- Defendant’s Argument:
- Yak indicated that while she participated in a physical altercation, she denied initiating the altercation or causing property damage. - Her counsel highlighted her age, efforts at rehabilitation, and strong prospects for the future, arguing for leniency in sentencing and proposing a CCO without conviction.