Saunders (18) NSWSC Maxwell J 2.7.1987 | Accessory after fact to murder | VG | 5y GBB | | nil | Permitted ex-lover and brother to stay at flat for three days after being told wanted for car theft – became aware they were wanted for murder of Anita Coby – became frightened and not sure what to do – provided meal Young impressionable aboriginal girl – good character |
Paterson (36) NSWSC Maxwell J 10.8.1987 | 2 x Accessory after fact to murder | VG | 8y NPP 3y | | Short record – associate of criminal element | Told by two brothers they had just murdered and mutilated a woman – followed them to area where car used in murder burnt and brought them back – allowed them to stay one night and provided two meals Some assistance – low intelligence |
Vougdis (31) (1989) 41 A Crim R 125 NSWCCA | Accessory after fact to murder Accessory before fact s.97 Sched: 5 similar offences | PG | 18m 10y Total: 11y 6m NPP 7y 6m | Crown AA 18m 14y 6m Total: 16y NPP 10y | nil | As owner of fruit juice delivery provided information regarding premises suitable for robbery – shared proceeds of robbery – during armed robbery of private home female occupant shot dead – made arrangements for shooter to leave and drove to airport |
N Farroukh (40) M Farrounkh(52) NSWCCA 29.3.1996 | Accessory after fact murder | VG | MT 6m AT 12m | Crown AA MT 18m AT 6m | nil | Husband and wife of Lebanese background - close relative stabbed 19y daughter following her refusal to take part in arranged marriage - assisted principal offender in removing incriminating evidence - told children to keep silent about killing – lied to police – principal offender escaped to Lebanon and not brought to justice. Prior good character – 6 children Discussion as to sentences for accessory after fact to murder |
Do (20) NSWCCA 7.5.1997 | Accessory after fact murder Receiving | PG | 12m PD | Crown AD | Nil | Good friend involved in shooting of shop owner during armed robbery – agreed to provide simple alibi – held $1500 stolen money on behalf of friend for future legal costs (receiving charge) - alibi not provided as friend confessed to police - never intended to provide alibi. |
Szkudelski (40) [1999] NSWSC 178 Barr J | Accessory after fact to murder | PG | 3y GBB | | Record related to alcohol abuse | Victim bashed and strangled by brothers – offender assisted in disposing of body –acted out of fear – reported offence to police and provided assistance Danger of custodial sentence |
R.A.F. (14) [1999] NSWSC 615 Sully J | Accessory after fact to murder | PG | 4y GBB | | | Female in relationship with principal offender – both out of control – victim bashed and stabbed in fight - left scene and travelled interstate with primary offender Evidence of rehabilitation – mother to young son |
Waters (20) [1999] NSWSC 893 Simpson J | 2 x Accessory after fact to murder | PG | 18m PD (3m 6d PSC) | | Minor | Present at time of killing of two females by principal offender – assaulted second victim – provided minor assistance in leaving scene – failed to report offence over 2.5 years Assistance - contrition |
Leung (19) [2000] NSWSC 824 Barr J | Accessory after fact to murder | PG | 2y GBB | | | Attended service station with primary offender – after swearing at attendant walked outside – primary offender unexpectedly shot attendant– suffering mental illness – provided accommodation for 48 hours – acted out of fear Student from Hong Kong – no family support at time of offence – immaturity – voluntarily surrendered – remorse - rehabilitation |
Faulkner [2000] NSWSC 944 Wood CJ at CL | 2 x Accessory after fact to murder Sched: 4 drug and dishonesty off | PG (20%) | 4y 4m NPP 2y 8m | | Nil | Victims killed by principal offender in retaliation for drug rip-off – stood guard over first body as instructed – assisted over several days in disposing of cars, bodies and weapons – element of fear – upper range of seriousness Involved in drug dealing with primary offender |
Phan (18) (2001) 126 A Crim R 257 [2001] NSWSC 1069 | Accessory after fact to murder | PG | 2y suspended (Pre-sentence custody 1y 10m) | | | Deceased shot in car three times – present in car – lied to police and doctor in attempt to cover up Undertaking to give evidence against co-offender – Vietnamese |
Huynh (19) [2001] NSWSC 357 Wood CJ at CL | Accessory after fact to murder s.97(2) Sched: Agg AR Acc after fact AR Possess firearm | PG (25%) | 3y 3m NPP 21m FT 3y 3m Total: 5y NPP 3y 6m | | drug and violence offences | With co-offender robbed two males at entertainment arcade of various personal property – co-offender held .32 calibre weapon wrapped in towel – shooting by co-offender occurred during second robbery committed five hours later – shot male attempting to aid victim of robbery in chest – accessory to murder consisted of driving shooter from scene and hiding gun at house for short time Drug affected – serving sentence for serious violent offence committed in custody |
Powick (20) Wall (30) [2001] NSWSC 470 Ireland J [2002] NSWCCA 520 (Powick) | Accessory after fact to murder s111(3) Accessory after fact to murder Intent to pervert course of justice | VG VG | FT 3y 10y NPP 6y 6m (concurrent) 12m NPP 6m FT 5m (concurrent) | AA FT 3y 9y NPP 5y 6m (concurrent) | considered a first offender – sentenced for subsequent robbery offence minor | P drove three men to house – co-offenders forced entrance and terrorised occupants inside with baseball bat, revolver and shortened shotgun - victim executed at close range with bullet behind ear – drove co-offenders away from scene – blatantly lied to police - aware of intention to rob using weapons W allowed offenders to use car for home invasion – subsequently planned and provided false alibi to police to cover actions – sought help of two friends – acted under influence of violent co-offenders |
Quach (22) [2002] NSWSC 1205 Simpson J | Accessory after fact to murder | PG (50% plea and assist) | 2y suspended after 3m for 1y 9m (pre-sentence custody 10m) | | Nil | Female victim killed while sleeping with primary offender – offender assisted in disposing of body – disposal of body in upper range Vietnamese – remorse – assistance to authorities |
Dileski (26) (2002) 132 A Crim R 408 [2002] NSWCCA 345 | Accessory after fact murder | PG (50% plea and assist) | 5y NPP 3y | AA 2y NPP 1y | drugs, dishonesty – on bond | Assisted friend who had murdered employer at factory - cashed $850 cheque at bank drawn on victim's account – waited at factory while friend cashed further cheque – told friend of victim that victim had already left factory Assistance to authorities - special circumstances in drug addiction On appeal - error in taking into account cashing of cheque |
Galea (42) [2003] NSWSC 465 Sully J [2004] NSWCCA 227 (2004) 148 A Crim R 220 | Accessory after fact murder | VG (third trial) | 5y NPP 2y 6m | Conviction AD | | Assisted former de facto wife to dismember and dispose of male victim wife had shot dead Prior good character |
Gersteling (15) [2004] NSWSC 502 Adams J | Accessory after fact murder | PG | 3y GBB | | Nil | Saw 17y best friend shoot male stranger in street – picked up and hid gun in grass to protect shooter and ensure no further use – assisted police in locating weapon – spontaneous and emotional reaction Strong evidence of remorse and contrition – aberration – good prospects of rehabilitation |
Ward (37) [2004] NSWSC 420 Hulme J | Accessory after fact to murder | PG (approx. 40% plea and assist) | 3y 6m NPP 2y 6m | | Nil | Female assisted male friend who had bashed and slit throat of female partner – cleaned up blood – told lies about whereabouts of victim - stored implicating evidence at house – hid principal offender from police – acted in fear History of abusive relationships –assistance – hardship of custodial conditions |
Mirad (28) [2004] NSWSC 701 Barr J | Accessory after fact to murder | PG | 2y 6m NPP 1y 6m | | Two previous offences of violence 8 and 9 years ago | Offender and 4 others went to hotel where deceased was at a birthday party – bad blood arising from previous altercation between two groups – offender waited in car while others opened fire, then drove them away Went to police station to turn self in - substantial discount for plea |
Almirol [No.2] (38) [2007] NSWSC 323 Kirby J | Accessory after fact to murder | PG (15%) | 4y 3m NPP 3y 2m | | Nil | Present when victim killed in house by close friend – assisted in cutting up body and removing to remote area – assisted in cleaning up house – small man – intoxicated at time of offence – shocked and fearful for safety – felt obligation to close friend Acquitted at trial of murder – from Philippines – remorse – good character |
Scowen (20) [2007] NSWSC 792 Grove J | Accessory after fact to murder | PG | 15m 28d NPP 11m 28d | | Record | Female accompanied partner from crime scene into Queensland after fatal stabbing – offender and partner surrendered voluntarily to police two days later – assisted partner in delaying arrest – lower end of range of seriousness |
AB (21) [2007] NSWSC 1517 Berman AJ Co-offender: DAVID | Accessory after fact to murder | PG (approx. 50% plea and assist) | 2y 6m NPP 1y 7m 18d | | Driving offences | Drove shooter and co-offender from scene after witnessing fatal shooting – element of duress – aware shooter holding gun - short journey – lower range of objective gravity Prior good character – assistance and protective custody – remorse - good prospects of rehabilitation. |
Cowen (32) [2008] NSWSC 104 Buddin J | Accessory after fact to murder Conceal serious offence | PG | 9m PD 18m GBB | | Minor | Female failed to advise police of involvement of de facto in forcible detainment of two adults – failed to disclose possession of handbag belonging to female victim – bottom range of gravity - acted out of loyalty to partner and emotional dependence Unstable and sexually abusive childhood – alcohol dependency – good character – remorse – good prospects of rehabilitation |
Wells (29) [2008] NSWSC 206 Grove J | Accessory after fact to murder | PG (1y discount to total sentence) | 3y NPP 18m | | Nil | Female assisted male partner conceal offence over two weeks – observed Shepherd choking female victim – immediately laid trail for false story – delayed calling ambulance – false statements to police –disposed of incriminating evidence – voluntarily assisted until seriously assaulted by principal offender Mother to young son – good prospects of rehabilitation |
David (21) [2009] NSWSC 24 Hidden J Co-offender: AB | Accessory after the fact to murder Common assault | PG (15%) | 2y 6m NPP 15m FT 6m (concurrent) | | Drug offence committed after this offence | Arranged to meet victim at service station to discuss argument – victim fatally shot by principal offender during argument – driven from scene by AB – disposed of mobile phone and shooter's clothes – arranged meeting knowing victim would be forced to apologise by threats or intimidation – no violence anticipated Assyrian – remorse |
Papallo (25) [2009] NSWSC 1109 Buddin J | Accessory after fact to murder Sched: Affray | PG (15%) | 2y NPP 17m 2w 5d (immediate release) | | Short record for minor violence | Involved in scuffle in bar with victim and others - victim unexpectedly shot dead by friend of offender with handgun – pulled female off shooter protecting female and allowing shooter to escape – returned to bar to retrieve shooter's bag – spontaneous offence motivated by friendship – at lower end of range Pre-sentence custody – remorse – prospects of rehabilitation |
HDR (19) [2009] NSWSC 1323 RA Hulme J | Accessory after fact to murder Agg BES 2 x Obtain money by deception Drive disqual Sched: Take and drive conveyance Firearm offences | PG (15%) | 3y 9m NPP 2y 3y 4m NPP 2y 6m FT 3m FT 3m Total4y 9m NPP 3y | | Minor driving offence | With brother broke into property and stole firearms to intimate person who owed money to offender – later in evening fell asleep then awoke to find father shot dead by younger brother – failed to notify police – used victim's card to withdraw money – took victim's car with brother – assisted brother over 14 hours before brother voluntarily attended police station – motivated by loyalty – slightly below mid-range Prior good character – good prospects of rehabilitation |
Urriola (25) [2010] NSWSC 367 Fullerton J [2012] NSWCCA 95 [2012] NSWSC 1634 Fullerton J Co-offender: POSTLEWAIGHT | Accessory after fact to murder Supply comm. qty cocaine Sched: 16 offences | PG (45% plea and assist) | 6y NPP 4y 6m 2y 6m Total6y NPP 5y 6m Total on re-sentence 6y NPP 4y 6m | AA matter remitted to set NPP for supply offence | nil | Assisted male to dispose of body at sea and burn car aware male had fatally shot victim day before – involved in drug dealing with same male over several weeks after murder – victim killed over drug debt - approved of killing – serious offending Assistance to authorities – under influence of principal offender due to drug use |
Ferrett (No.4) (47) [2010] NSWSC 956 Rothman J | Accessory after fact to murder | PG (12½%) | 7yNPP 4y | | Breached conditional liberty – record for armed robberies, drug offences and assaults | Victim killed by person unknown – involved with victim and others in drug manufacturing – victim shot dead after talking to police and body never found – helped dispose of body knowing victim murdered to prevent detection of manufacturing – approaching worst case Long-term drug addiction – suffering emphysema – voluntarily enrolled in rehabilitation program |
Postlewaight (31) [2010] NSWSC 1272 Fullerton J [2011] NSWCCA 279 Co-offender: URRIOLA | Accessory after fact to murder s.112(2) | PG (25%) | 8y 6mNPP 6y 6m 18m Total: 9y 6m NPP 7y 6m | | No relevant record at time of first offence - Acc offence breached parole for supply drug offence | 2002 - assisted in joint criminal enterprise to break into industrial distribution premises and steal gas for purpose of making drugs – driver for group paid to obtain gas on behalf of others – limited role – no involvement in planning or ongoing use of gas – low range 2008 – male shot dead by associate of offender – contract in relation to drug debt – assisted next day in disposing of body at sea – willingly provided vessel and assistance – serious offending – killer was co-offender in earlier offence |
Jin (24) [2011] NSWSC 169 McCallum J | 4 x Accessory after fact to murder | VG | 27mNPP 15m | | nil | Provided two men with safe accommodation for 2 weeks after murders – each committed two murders - unplanned offence – somewhat influenced by one of the men Prior good character – good prospects of rehabilitation |
Fennell [2011] NSWSC 489 Rothman J Co-offender: HAMILTON (2013) | Accessory after fact to murder Sched: Accessory after the fact to murder | PG (45% plea and assist) | 2yNPP 12m | | nil | Female – with male friend assisted de facto husband after male shot dead during robbery – assisted in disposing of gun and moving body – aware stolen money used to pay bills and buy Christmas presents – harboured offender for five months - volatile and fearful relationship with de facto Long history of drug and alcohol abuse – mother of young two children – genuine remorse – good prospects of rehabilitation – valuable assistance |
Anderson (21) [2011] NSWSC 1689 Adams J | Accessory after fact to murder BES Sched: 5 BES offences | PG (20%) | 2y GBB | | Minor | Female - became aware of killing by boyfriend day after offence – female victim injured during break in and left to die –accompanied boyfriend for five weeks providing assistance – 7m pregnant – did not destroy or hide evidence –committed number of BES offences with boyfriend Chaotic and difficult childhood – son born in prison on remand – difficulties of seeing son while in remand for murder for 9 months – remorse – relationship with offender marked by domestic violence – assistance |
Bhullar (23) [2012] NSWSC 93 Harrison J Co-offender: SINGH | Accessory after fact to murder | PG | FT 2y 25d(immediate release) | | nil | Female – victim and offender worked as agricultural workers in Griffith area – victim killed by principal offender known for violent and intimidating behaviour toward workers – driving car with principal offender, co-offender and victim – remained in car while passengers, including victim, left - became aware victim killed when principal offender and co-offender returned covered in blood – assisted in cleaning of car - not involved in harbouring or disposing of body - no criminal motivation nor concerned in any criminal enterprise - no appreciation or understanding of what was intended. Assistance to authorities - remorse – young immigrant – otherwise good character – excellent rehabilitation prospects. |
Singh (25) [2012] NSWSC 135 Harrison J Co-offender: BHULLAR | Accessory after fact to murder | PG | FT 2y 32d(immediate release) | | nil | Accompanied principal offender, co-offender and victim in car – victim taken from car by principal offender and killed – remained in car while principal offender washed it – returned in afternoon to clean inside of car – gave false account to police – replaced tyres on car – acted in fear of principal offender Student from poor part of India – good prospects of rehabilitation – good character - assistance |
Mackett (29) [2012] NSWSC 166 Adams J | Accessory after fact to murder | VG | 3y GBB (pre-sentence custody – 4w) | | Nil relevant | Female – assisted de facto after he stabbed male in confrontation outside hotel – asked offender's sister not to tell police he was at hotel - agreed with offender to tell police lie although both subsequently declined to be interviewed – no practical assistance or affect – motivated by relationship - bottom of range Difficult childhood and adolescence – long history of depression – exceptional hardship on daughters |
Hogden (44) [2012] NSWSC 24 Davies J | Accessory after fact to murder Sched: Larceny | PG (35% plea and assist) | FT 18m suspended (pre-sentence custody - 197days) | | minimal | Present when boyfriend strangled female drug dealer in his unit – threats made to offender by boyfriend – assisted in cleaning up unit and moving car – made phone calls to victim's phone to deflect suspicion – initially lied to police - made voluntary confession to police after body found two months later Heavy alcohol user |
Iskandar (48) [2012] NSWSC 149 Davies J | Accessory after fact to murder | VG | 2y suspended | | nil | Female - husband and son killed offender's lover in street attack – offender attended scene shortly after attack and told police son was in bed asleep – honestly believed this at the time – subsequently provided son with money and contacted travel agent – assisted son leave country Motivated by love for only child – low scale of offending |
Purtill (48) [2012] NSWSC 566 Harrison J | Accessory after fact to murder | PG (40% plea and assist) | 4yNPP 3y | | Sexual assault | Assisted younger brother who murdered male acquaintance by stabbing – knocked on brother's door to find victim killed - cleaned apartment – drove victim's car and left it at another location – assisted brother placed victim's body in canvas bag and drove to place body in shallow grave – used victim's bank cards to withdraw money and pretend victim alive - spontaneous offence – protecting brother – mid-range objective seriousness – did not stand to gain from offence Full immediate confession – assistance against brother - depression due to losing job and poor financial position – emotionally vulnerable – little prospect of reoffending – remorse and contrition. |
Serone (41) [2012] NSWSC 1232 RA Hulme J | Accessory after fact to murder | VG | 5yNPP 3y 6m | | Supply drugs, possess firearm | Victim assaulted and killed during planned "drug deal rip-off" by principal offender and others – offender not present during killing - accompanied others to hire car to transport victim's body - proactive in obtaining credit card to hire car - accompanied others to retrieve body; cleaned up at crime scene and conveyed body to principal offender for disposal – principal offender manipulative Employed - good character – rehabilitation prospects – good support - affected by death of mother - drug use led to association with principal offender |
Gall [2012] NSWSC 1432 Adamson J [2015] NSWCCA 69 | Accessory after fact to murder Possess proh firearm Pervert justice | VG PG | FT 2y 3y NPP 18m FT 16m Total: 6y NPP 4y 6m | AD | Nil | Accessory to murder by son – victim shot three times at close range over drug matter - assisted by washing away blood at scene – buried body in bush. |
Smith (31) [2013] NSWSC 796 Latham J [2014] NSWCCA 316 | Manslaughter Accessory after fact to murder | PG (25%) | 7y 12y NPP 9y Total: 16y NPP 12y | AD | Relatively minor | Failed to obtain medical treatment for 6y daughter of de facto – victim assaulted by mother – after unsuccessful attempts to revive child offender put her to bed and went to work next day – child died during day – body placed in suitcase for several days then placed in shallow grave in bush and burned – gave false accounts of disappearance and laid false trails for over nine months – aware victim subjected to long term physical abuse at hands of mother – acted out of loyalty to de facto – manslaughter top of range – accessory worst case |
Kaminic (45) [2013] NSWSC 1097 Latham J [2014] NSWCCA 116 Co-offender: ESTEPHAN | Accessory after fact to murder | PG (50% plea and assist) | 4y 6m NPP 2y 6m | AD | Nil | Shooting of businessman outside his home at request of business associate (M) of victim – offender associate and driver for G who had close business association with M – aware murder to be committed but received indemnity – after murder involved in passing messages and money – acted at direction of G Suffering PSTD and other mental illness caused by conflict in native Balkan home – also suffering poor physical health – onerous nature of custody |
Salas-Collard (19) [2013] NSWSC 1188 Adams J | Accessory after fact to murder Sched: Accessory after fact to Agg BE | VG | 2y GBB | | minor | Female assisted boyfriend aged 17y – boyfriend and co-offender broke into home of elderly lady at night – victim assaulted with walking stick – two hours later boyfriend and co-offender fatally bashed and stabbed young male stranger on street - stayed with boyfriend over several days aware he had committed serious offence although not murder – took boyfriend to cousin's place then friend's house to evade police Unstable mental health – emotionally fragile and under thrall of boyfriend – mother to two small children – remorse – unlikely to reoffend |
Hamilton (36) [2013] NSWSC 1209 Rothman J Co-offender: FENNELL (2011) | Accessory after fact to murder | PG (25%) | 4y 6m NPP 3y | | Record for robbery and violence offences | Assisted in disposal of murder weapon and victim's car – friend had shot dead victim in attempted robbery of drug dealer – small degree of planning Acted out of misguided loyalty to female friend |
Pintabona (54) [2013] NSWSC 1328 RS Hulme AJ [2015] NSWCCA 201 | 2 x Accessory after fact to murder | VG | Total 4y NPP 3y | AA 2y 3m NPP 1y 3m (immediate release to parole | | Female - husband stabbed former business partner numerous times after victim defrauded him - also stabbed brother of first victim who was home at time of killing – offender drove husband away from scene but did not know about offences - later lied to police to conceal crimes |
Burns (31) [2013] NSWSC 1851 Hidden J | Accessory after fact to murder | PG (25%) | 4y NPP 2y 9m | | Minor | Female – offender in relationship with victim – as relationship soured, commenced secret relationship with female principal offender – victim shot so relationship could continue – offender told lies on several occasions to conceal killing - gave various explanations for victim's disappearance Difficult upbringing – mother of two children – major depressive order – remorse |
Estephan (19) [2014] NSWSC 450 Bellew J Co-offender: KAMINIC | Accessory after fact to murder 2 x Unauthorised possession of firearm | PG (20%) | 6y 5m NPP 4y 10m FT 4m (each) Total: 6y 7m NPP 5y | AD | | Shooting of businessman outside his home at request of business associate of victim – drove older friend S to home of victim where victim shot dead in front of 9y son – drove S away from scene – stopped car so weapon could be disposed of – present when clothes and other items destroyed by fire – did not disclose involvement for 12mths – offence aggravated by presence at killing and receipt of cash payments – possession of rifles for short time only to pass on to S – lower end of range |
Johnson (39) [2014] NSWSC 1254 Hamill J | Accessory after fact to murder | PG (20%) | 26m NPP 18m | | Minor | Male victim bashed to death by offender's brother – moved body – body not found for 2 years – short period of involvement – confronted with spontaneous offence – fraternal loyalty – brother had been threatened by victim – below mid-range Good character On appeal - at [13] summary of relevant factors for accessory sentences |
Hunt (18) [2014] NSWSC 1919 Button J | Accessory after fact to murder | PG (33% plea and assist) | 2y 8m NPP 1y 4m | | Nil adult record | Female – observed male partner stab victim to death outside house after physical fight – washed knife and cleaned up house – planned false story with partner then lied to police – unplanned and spontaneous Remorse – aboriginal with deplorable upbringing – prospects of rehabilitation |
Batcheldor [2015] NSWSC 1688 Bellew J | s.86(2)(b) Accessory after fact to murder | PG (10%) | 5y 4y 6m NPP 3y 4m Total: 6y 6m NPP 5y 4m | | Minor drug offences | Female - met with victim and male co-offender at park to discuss stolen property – victim taken to home of third person and detained in garage – period of offender's involvement only one hour - victim later killed by co- offender in absence of offender – in series of acts over several days assisted in arrangements to move body – no direct involvement in moving body and unaware body was incinerated – motivated by loyalty Genuine remorse – good prospects of rehabilitation |
Wran (26) [2015] NSWSC 1015 Harrison J | Rob in Co Accessory after fact to murder | PG (20%) (25%) | 4y NPP 2y FT 1y (concurrent) | | Minor | Female attended unit with two male co-offenders – spontaneous agreement to use threat of force to purchase more drugs than could afford – anticipated possible use of some physical force – waited in lounge room while co-offender forced occupants to bedroom and stabbed them – one died – unaware of presence of knife until entered unit – money and drugs stolen by co-offenders – low objective seriousness - stayed with principal offender – boyfriend – for three days failed to report to police – suffering ill health, mental illness and drug addiction – no active concealment or assistance in attempt to escape – aggravated by involvement in robbery – low objective seriousness Lengthy history of mental illness and drug addiction – good character – genuine remorse – prospects of rehabilitation – continued need for supervision – good support – extra curial punishment from adverse and erroneous publicity – onerous conditions of custody |
Stanford (25) [2016] NSWSC 1174 | Accessory after fact to murder | PG (25%) | FT 1y 3m | | Nil | Brother principal offender who abducted and murdered school teacher – sent victim's jewellery rings and driver's licence – sold rings and burnt licence - lower end of range – extent of knowledge not clear – knew victim had been abducted and murdered but not how, why or in what circumstances Misplaced loyalty to brother - good prospects rehabilitation - offence committed in highly specific and unusual context - not otherwise demonstrated tendency to criminal offending. |
Manevski (No 2) (20) [2016] NSWSC 1465 | Accessory after fact to murder | VG (at murder trial - 10% for offer to plead) | 4y 6m NPP 3y | | Nil | Female - partner stabbed young male - spontaneously washed and hid murder weapon - over extended period told many lies to police to protect partner Special circumstances – youth – psychological problems. |
Jamieson (26) [2016] NSWSC 1862 Rothman J | Accessory after fact to murder | VG | 4y NPP 2y | | Violence, assault officer | Female – victim killed by partner and co-offender over drug debt – killing took place in offender's apartment in her presence - cleaned apartment with bleach – sought to protect partner and herself - slightly above mid-range objective seriousness. Difficult background – drug abuse – no remorse – rehabilitation prospects |
MG [2016] NSWCCA 304 | Accessory after fact to murder Accessory after fact to shooting with intent | PG (50% plea and assist) | 18m NPP 6m FT 9m Total 1y 10m 2w NPP 10m 2w | Crown AA Ordered to return to custody to serve 6 weeks | | Drove gang member to mother's house – passenger pulled out gun and instructed offender to pull up next to parked car – shots fired killing driver and injuring passenger of parked car – drove away from scene as instructed Agreed to give evidence – failure to give evidence in accordance with undertaking – allowed shooter to claim excessive self-defence – 6 weeks attributable to failure |
B. Allouche (22) E. Allouche (28) [2017] NSWSC 975 Fullerton J | Accessory after fact to murder Accessory after fact to murder | PG (25%) PG (25%) | FT 6m (time served) FT 4m (time served) | | 2 x drive disqualified Driving offences | Agreed to meet in victim in park to discuss belief of principal offender that victim was a standover man threatened safety of family and principal offender – during meeting principal offender shot victim – all left in cars inadvertently taking victim's phone which was later disposed of – no evidence actions delayed arrest of co-offender – low range Both have family support – genuine remorse – strict bail conditions after originally being charged with murder E of low intelligence |
Wilkinson (67) [2017] NSWSC 1342 | Accessory after fact to murder Take part cultivation lge comm qty cannabis | PG (35% plea and assist) | 1y 6m NPP 1y 10m 2y 5m NPP1y 10m Total: 2y 5m NPP 1y 11m | | Minor | Worker at hydroponic cannabis planation in shed at rear of property – victim stabbed in front of offender in shed in order to conceal operation – unaware of plan to kill victim – faced with difficult choice when asked to assist with disposal of body – accompanied co-offenders to grave site Planation involved 664 plants – highly organised and high volume commercial planation – involved some supply – worker only Poor health |
Lawrence (31 at offence) [2017] NSWSC 1734 Harrison J | Accessory after fact to murder | PG (12.5%) | 2y 6m NPP 1y 6m 5d | | Nil | Murder committed 1982 - female found stabbed to death in car in bushland area – offender had been drinking and fallen asleep in car – woken by father in law to assist in moving body of victim – intoxicated and threatened by father in law with knife –spontaneous offence – short period of assistance although failed to reveal involvement for twenty years – conflicted by family loyalty – threatened and coerced – below mid-range Spent 18m 5d on remand charged with murder Drinking resulted in mental and physical health issues – good character – no risk of re-offending |
Dimarelis (33) [2017] NSWSC 1616 Harrison J | Accessory after fact to murder s.50B Firearms Act | PG (25%) | 2y NPP 1y 6m FT 12m Total: 2y 3m NPP 1y 9m | | Rob in company | Witnessed shooting of male victim by F – F and victim both associates of offender – delivered gun to F - did not anticipate what occurred and no evidence should have foreseen event - brazen act of extreme aggression by F for no apparent logical reasons – failed to report to police, retrieved incriminating items and lied to police - F of irrational temperament with violent tendencies – offender terrified of also being shot because he witnessed what occurred - continued to be fearful afterwards - well below middle range of objective seriousness. Supportive family. |
Haouchar (26 at offence, 31 at sentence) [2018] NSWSC 885 Hidden AJ | Accessory after fact to murder Accessory after fact of shoot with intent to murder | PG (15-20%) | 2y GBB NB: 3y 6m pre-sentence custody | | Manslaughter – AOABH - agg BE – AR – robbery | Two victims shot by two unknown masked men - circumstances of shootings or motive unknown - shortly after shootings offender met with person/s involved and understood both shot with intent to kill, one seriously injured and second victim killed - assisted by taking clothes worn by gunmen and disposing of them - not aware of any planned murder or shooting - no evidence of any threat or fear operating on mind - objective gravity in lower range. Evidence of insight into behaviour. |
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Woods (42) [2018] NSWSC 1700 Wilson J | Accessory after fact to murder | VG | 8y NPP 6y | | Limited – illegal car racing | Principal Fantakis killed male neighbour under delusion victim had killed his brother – offender assisted F in disposing of body in undisclosed location – sent messages from victim's mobile phone to give impression victim still alive – lies told to police. Mental illness – delusional. Principal – Fantakis [2018] NSWSC 1700 |