Paterson

(36)

NSWSC

Maxwell J

10.8.1987

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

N Farroukh

(40)

M Farrounkh

(52)

NSWCCA

29.3.1996

Crown AA

MT 18m

AT 6m

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

Szkudelski

(40)

[1999] NSWSC 178

Barr J

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

Waters

(20)

[1999] NSWSC 893

Simpson J

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

Faulkner

[2000] NSWSC 944

Wood CJ at CL

PG

(20%)

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

Huynh

(19)

[2001] NSWSC 357

Wood CJ at CL

PG

(25%)

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

Quach

(22)

[2002] NSWSC 1205

Simpson J

PG

(50% plea and assist)

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

Galea

(42)

[2003] NSWSC 465

Sully J

[2004] NSWCCA 227

(2004) 148 A Crim R 220

VG

(third trial)

Assisted former de facto wife to dismember and dispose of male victim wife had shot dead

Prior good character

Ward

(37)

[2004] NSWSC 420

Hulme J

PG

(approx. 40% plea and assist)

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

Almirol [No.2]

(38)

[2007] NSWSC 323

Kirby J

PG

(15%)

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

AB

(21)

[2007] NSWSC 1517

Berman AJ

Co-offender:

DAVID

PG

(approx. 50% plea and assist)

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.

Wells

(29)

[2008] NSWSC 206

Grove J

PG

(1y discount to total sentence)

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

Papallo

(25)

[2009] NSWSC 1109

Buddin J

PG

(15%)

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

Urriola

(25)

[2010] NSWSC 367

Fullerton J

[2012] NSWCCA 95

[2012] NSWSC 1634

Fullerton J

Co-offender:

POSTLEWAIGHT

PG

(45% plea and assist)

AA

matter remitted to set NPP for supply offence

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

Postlewaight

(31)

[2010] NSWSC 1272

Fullerton J

[2011] NSWCCA 279

Co-offender:

URRIOLA

PG

(25%)

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

Fennell

[2011] NSWSC 489

Rothman J

Co-offender:

HAMILTON (2013)

PG

(45% plea and assist)

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

Bhullar

(23)

[2012] NSWSC 93

Harrison J

Co-offender:

SINGH

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.

Mackett

(29)

[2012] NSWSC 166

Adams J

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

Iskandar

(48)

[2012] NSWSC 149

Davies J

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

Serone

(41)

[2012] NSWSC 1232

RA Hulme J

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

Smith

(31)

[2013] NSWSC 796

Latham J

[2014] NSWCCA 316

PG

(25%)

Salas-Collard

(19)

[2013] NSWSC 1188

Adams J

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

Pintabona

(54)

[2013] NSWSC 1328

RS Hulme AJ

[2015] NSWCCA 201

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

Estephan

(19)

[2014] NSWSC 450

Bellew J

Co-offender:

KAMINIC

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

Hunt

(18)

[2014] NSWSC 1919

Button J

PG

(33% plea and assist)

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

Wran

(26)

[2015] NSWSC 1015

Harrison J

PG

(20%)

(25%)

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

Manevski (No 2)

(20)

[2016] NSWSC 1465

VG

(at murder trial - 10% for offer to plead)

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.

MG

[2016] NSWCCA 304

PG

(50% plea and assist)

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

Wilkinson

(67)

[2017] NSWSC 1342

PG

(35% plea and assist)

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

Dimarelis

(33)

[2017] NSWSC 1616

Harrison J

PG

(25%)

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.