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Murder - Accessory After The Fact

s.349(1) Crimes Act  Every accessory after the fact to murder shall be liable to imprisonment for 25 years. 

Name
(age if known)

ChargePleaSentenceAppealSummary of RecordInvolvement & Summary

Saunders

(18)

NSWSC

Maxwell J

2.7.1987

Accessory after fact to murderVG5y 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 murderVG

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

nilAs 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 murderVG

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

PG12m PDCrown ADNil 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 murderPG3y 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 murderPG4y 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 murderPG

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 murderPG2y 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 murderPG

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 murderPG3y 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 murderPG

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 murderPG

15m 28d

NPP 11m 28d

 RecordFemale 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

 

Total

4y 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

 

Total

6y

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%)

7y

NPP 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 6m

NPP 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 murderVG

27m

NPP 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)

2y

NPP 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 murderPG

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 murderPG

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 murderVG

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 murderVG

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)

4y

NPP 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 murderVG

5y

NPP 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

ADNil

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

ADRelatively minorFailed 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

ADNil

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

VG2y 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 murderVG

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 murderVG

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.

Pham

[2018] NSWSC 822

Bellew J

Accessory after fact to murder

 

Accessory after fact to murder

PG

(25%)

1y 6m

NPP 1y 2m

 

3y 9m

NPP 2y 10m

(concurrent)

 nil prior – subsequent conviction for supply drug

Associated with males involved in drug manufacturing in residential house – male and female killed inside house after being suspected of stealing drugs – offender outside house unaware of killing – offender and second male disposed of personal belongings and body of female victim at direction of associate – belongings thrown from car and body thrown over fence in remote area – body not found for ten months – element of duress

remorse – born in Vietnam

Last Updated: 3.9.2018