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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

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Murder - Accessory Before the Fact

s.346 Crimes Act - Maximum penalty:  Life 

NameChargePleaSentenceAppealSummary of RecordInvolvement & Summary


[2004] NSWCCA 320

1. Accessory before fact murder


2. Acc before fact armed robbery


3. Acc before fact attempt armed robbery











1.  14y

NPP 11y


2. FT 3y


3.  FT 5y




NPP 12y

Conviction AA. Conviction for count 2 quashed, acquittal entered.


Sentence AA

1. 14y

NPP 10y


3. confirmed




NPP 11y


Plan with co-offenders to rob tavern which resulted in V's death - A worked with V at tavern, and where co-offender L had also worked - L and co-offender N armed with metal pole, knife and gun, entered tavern, struck V on back of head with metal pole - V struggled, killed by knife wound to throat and bullet wound to head - co-offenders stole $50K.

A admitted to being aware of metal pole only - tried to convince L not to proceed.

Attempted to withdraw from involvement - culpability differentiated from person who continues to actively encourage commission of offence - however ultimately did nothing of significance to prevent robbery – did not notify V what was to occur.

Abuse of position of trust – motivated by financial pressures – gambling debt.

Special circumstances.



[2006] NSWSC 69

(Grove J)

Accessory before fact murder



Possess firearm


(25% combined)


NPP 13y 6m

 Supply drugs, ongoing supply drugs.  On parole.

Contract killing - T asked A to have V attacked  -  T and V involved in dispute over money – T asked A to splash acid on V's face which A refused - A found person who could carry out attack, located hardware store from which acid could be purchase and lent pistol to attacker - Attacker threatened V with pistol,  poured acid in V's mouth – resulted in V's death.

A not motivated by payment - motivated by a desire to ingratiate himself with T who was a significant supplier of drugs to A.

Drug abuse.



[2007] NSWSC 142

(Hidden J)

Accessory before fact murder


Cheating and defrauding as director



NPP 29y






NPP 31y

 Minor.  Not relevant.

"Contract killing" but involved no payment  – A an accountant to V, a solicitor – A and V on friendly terms -  A used $83k V had deposited with A in trust account – A arranged for O to kill V after V confronted A about the fraud – O shot V four times to head.

Premeditated planned killing – A's motive was to conceal involvement in serious fraud – must have been aware V had wife and children.

Unremarkable supportive upbringing – maintains innocence.




[2007] NSWCCA 292

Accessory before fact murder



17y 3m

NPP 13y


A provided stolen vehicle used in a drive-by shooting by B resulting in V's murder - A replaced steering column and ignition barrel of car to enable it to be used - cleaned surfaces of car after tampering with it - afternoon before shooting A advised B, "If you were smart, you wouldn't do it now in daylight" -  When A was told to join others in car, he declined.

Found not to be of good character - familiarity with dishonest dealings with stolen cars – probabilities against re-offending.

AC (No.7)


[2016] NSWSC 404

(Hamill J)

Accessory before fact murder


Accessory before discharge firearm intent GB - 33A(1)(a)


Sched: Participation in a criminal group (s.93T)


(50% combined)


NPP 5y


4y 6m

NPP 3y



9y 6m

NPP 6y 6m


Female – acting under duress - associated with Brothers for Life gang members involved in gangland violence / turf war -  

A worked for solicitor representing various gang members – Murder offence: A told FQ she heard LC planned to kill him – A drove 3 gang members who intended to kill LC to home where LC was – the 3 gang members shot HM by mistake believing him to be LC – Shooting offence: A attended cafe location of intended shooting  with gang members  - A identified proposed target (Abs)  and his car – Abs later shot.

A fearful of FQ who threatened her and family – however, remained involved with gang and FQ knowing they were involved in serious gangland activity.

Mid-range objective seriousness - carefully planned execution of rival gang member.

Good prospects rehabilitation – assistance - special circumstances: onerous custodial conditions



[2016] NSWSC 1810

(Hall J)

Accessory before fact murder




NPP 7y

 Armed rob.

Principal offender killed V (male aged 33) by assault and using tomahawk - A not present – offence motivated by anger of A and principal offender and a sense of revenge toward V for not having paid agreed share of money made from property they had all stolen together – A and principal offender possessed shared intention to inflict GBH - A encouraged and/or assisted principal.

Severe substance use disorder – special circumstances.



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