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[2025] ACTSC 552
General information, not legal advice.
Supreme Court of the ACT
2025-12-17
Kelly AJ
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Source: the ACT Courts (www.courts.act.gov.au). Converted to plain text by ZoeLaw. Not the official version.
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: DPP v Ayuel (No 3) Citation: [2025] ACTSC 552 Hearing Dates: 12 December 2025 Decision Date: 17 December 2025 Before: Kelly AJ Decision: (1) On charge SC CAN150/2024, the offender is convicted and sentenced to 12 months imprisonment, backdated to commence on 16 December 2024 and conclude on 15 December 2025. (2) I decline to set a non-parole period. Catchwords: CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – offence of arson – previous criminal history – drug and alcohol abuse – significant time already spent in custody on remand – backdated sentence of imprisonment imposed Cases Cited: DPP v Ayuel (No 2) [2025] ACTSC 541 R v Ayuel [2020] ACTSC 213 Parties: Director of Public Prosecutions Mary John Ayuel (Accused) Representation: Counsel N Deakes (DPP) T Jackson (Accused) Solicitors ACT Director of Public Prosecutions Bevan & Co (Accused) File Number: SCC 337 of 2023 KELLY AJ: EDITED EX TEMPORE REMARKS Introduction
Mary John Ayuel, you are to be sentenced for one count of arson. I found you guilty of that count after a trial by judge alone.
The facts are set out in my judgment in DPP v Ayuel (No 2) [2025] ACTSC 541, and I do not intend to repeat them in any detail here. Suffice to say, you lit a fire outside your unit, outside the door of a neighbour’s unit after a disagreement with her on the night of 11 September 2023.
I note you do have some criminal history for destroying or damaging property, for assault occasioning actual bodily harm, and stalking.
However, by far, the most serious matter is your conviction for unlawful confinement, choking and strangling, committed in company with two other co-offenders, to which you were sentenced to imprisonment by Mossop J, in August 2020.
I have noted your background from the history that was set out in Mossop J’s judgment in R v Ayuel [2020] ACTSC 213. Since being released, after completion of that sentence, unfortunately you went on to commit the present offence in September 2023. It seems sad to have to say that this offending occurred in the same context as your earlier offences were committed; that is to say, after consuming drugs and alcohol, and after a disagreement with your neighbour, as I said earlier, that evening.
However, I note that you have been quite diligent in your time in custody over the past year and a half. I have looked at all of the certificates you have completed. However, I am afraid to have to say that you completed a lot of certificates in your first period in custody and that does not seem to have brought any change to your employment status when you were out in the community. And for that reason, I cannot say with any confidence, that your prospects of rehabilitation are good.
Your children are still in the custody of child protection, no doubt because of your ongoing drug and alcohol abuse. However, Ms Ayuel, you have an opportunity to start living a drug free and law-abiding life, if you so choose.
If you are to avoid committing future offences every time someone upsets you, you will need to develop some self-control, and you will need to take steps to address your very serious drug and alcohol addiction. I hope you can achieve this; otherwise it seems you are going to be destined to come back into custody again.
You have now been in custody for a period of 19 months in total. The offence of arson is a very serious offence, which carries a maximum term of imprisonment of 15 years. Although not at the upper level of seriousness, the lighting of a fire in a residential building carried with it a very high risk of injury or death to the occupants.
Therefore, I consider a sentence of 12 months imprisonment is required. Given that you have effectively, as I said, spent 19 months in custody, I consider that your sentence should be backdated to allow your release immediately. Therefore, the sentence I impose is 12 months, backdated to commence on 16 December 2024.
Ms Ayuel, the reason I am not imposing a non-parole period is because you have spent so much time in custody already. You have effectively served the head sentence I have just imposed.
Orders
I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Acting Justice Kelly. Associate: Date:
DPP
Ayuel