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s.349(1) Crimes Act
Every accessory after the fact to murder shall be liable to imprisonment for 25 years.
Table last updated: 12 November 2018.
Saunders NSWSC Maxwell J 2.7.1987
- Age: 18
- Charge: Accessory after fact to murder
- Plea: VG
- Sentence: 5y GBB
- Summary of record: nil
- Involvement and summary: 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 NSWSC Maxwell J 10.8.1987
- Age: 36
- Charge: 2x accessory after fact to murder
- Plea: VG
- Sentence: 8y, NPP 3y
- Summary of record: Short record – associate of criminal element
- Involvement and summary: 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 (1989) 41 A Crim R 125 NSWCCA
- Age: 31
- Charge:
Accessory after fact to murder
Accessory before fact s.97
Sched: 5 similar offences
- Plea: PG
- Sentence: 18m, 10y
Total: 11y 6m, NPP 7y 6m
- Appeal: Crown AA, 18m, 14y 6m
Total: 16y, NPP 10y
- Summary of record: nil
- Involvement and summary: 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 and M Farrounkh NSWCCA 29.3.1996
- Age: 40 (N) and 52 (M)
- Charge: Accessory after fact murder
- Plea: VG
- Sentence: MT 6m, AT 12m
- Appeal: Crown AA, MT 18m, AT 6m
- Summary of record: nil
- Involvement and summary: 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 NSWCCA 7.5.1997
- Age: 20
- Charge: Accessory after fact murder, Receiving
- Plea: PG
- Sentence: 12m PD
- Appeal: Crown AD
- Summary of record: nil
- Involvement and summary: 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 [1999] NSWSC 178 Barr J
- Age: 40
- Charge: Accessory after fact murder
- Plea: PG
- Sentence: 3y GBB
- Summary of record: Record related to alcohol abuse
- Involvement and summary: 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. [1999] NSWSC 615 Sully J
- Age: 14
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: 4y GBB
- Involvement and summary: 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 [1999] NSWSC 893 Simpson J
- Age: 20
- Charge: 2x accessory after fact to murder
- Plea: PG
- Sentence: 18m PD (3m 6d PSC)
- Summary of record: Minor
- Involvement and summary: 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 [2000] NSWSC 824 Barr J
- Age: 19
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: 2y GBB
- Involvement and summary: 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
- Charge: 2x accessory after fact to murder
Sched: 4 drug and dishonesty off
- Plea: PG (20%)
- Sentence: 4y 4m, NPP 2y 8m
- Summary of record: nil
- Involvement and summary: 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 (2001) 126 A Crim R 257, [2001] NSWSC 1069
- Age: 18
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: 2y suspended (Pre-sentence custody 1y 10m)
- Involvement and summary: 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 [2001] NSWSC 357 Wood CJ at CL
- Age: 19
- Charge: Accessory after fact to murder
s.97(2)
Sched: Agg AR
Acc after fact AR
Possess firearm
- Plea: PG (25%)
- Sentence: 3y 3m, NPP 21m
FT 3y 3m
Total: 5y, NPP 3y 6m
- Summary of record: drug and violence offences
- Involvement and summary: 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 and Wall [2001] NSWSC 470 Ireland J, [2002] NSWCCA 520 (Powick)
- Age: 20 (Powick) and 30 (Wall)
- Charge:
Powick: Accessory after fact to murder, s111(3)
Wall: Accessory after fact to murder, Intent to pervert course of justice
- Plea: VG
- Sentence:
Powick: FT 3y, 10y, NPP 6y 6m (concurrent)
Wall: 12m, NPP 6m, FT 5m (concurrent)
- Appeal: AA FT 3y
9y, NPP 5y 6m (concurrent)
- Summary of record: Powick: considered a first offender- sentenced for subsequent robbery offence. Wall: minor.
- Involvement and summary: 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 [2002] NSWSC 1205 Simpson J
- Age: 22
- Charge: Accessory after fact to murder
- Plea: PG (50% plea and assist)
- Sentence: 2y suspended after 3m for 1y 9m (pre-sentence custody 10m)
- Summary of record: nil
- Involvement and summary: 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 (2002) 132 A Crim R 408, [2002] NSWCCA 345
- Age: 26
- Charge: Accessory after fact to murder
- Plea: PG (50% plea and assist)
- Sentence: 5y, NPP 3y
- Appeal: AA 2y, NPP 1y
- Summary of record: drugs, dishonesty – on bond
- Involvement and summary: 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 [2003] NSWSC 465 Sully J, [2004] NSWCCA 227, (2004) 148 A Crim R 220
- Age: 42
- Charge: Accessory after fact to murder
- Plea: VG (third trial)
- Sentence: 5y, NPP 2y 6m
- Appeal: Conviction AD
- Involvement and summary: Assisted former de facto wife to dismember and dispose of male victim wife had shot dead. Prior good character.
Gersteling [2004] NSWSC 502 Adams J
- Age: 15
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: 3y GBB
- Summary of record: nil
- Involvement and summary: 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 [2004] NSWSC 420 Hulme J
- Age: 37
- Charge: Accessory after fact to murder
- Plea: PG (approximately 40% plea and assist)
- Sentence: 3y 6m, NPP 2y 6m
- Summary of record: nil
- Involvement and summary: 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 [2004] NSWSC 701 Barr J
- Age: 28
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: 2y 6m, NPP 1y 6m
- Summary of record: Two previous offences of violence 8 and 9 years ago
- Involvement and summary: 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] [2007] NSWSC 323 Kirby J
- Age: 38
- Charge: Accessory after fact to murder
- Plea: PG (15%)
- Sentence: 4y 3m, NPP 3y 2m
- Summary of record: nil
- Involvement and summary: 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 [2007] NSWSC 792 Grove J
- Age: 20
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: 15m 28d, NPP 11m 28d
- Summary of record: Record
- Involvement and summary: 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 [2007] NSWSC 1517 Berman AJ
- Age: 21
- Co-offender: David
- Charge: Accessory after fact to murder
- Plea: PG (approx. 50% plea and assist)
- Sentence: 2y 6m, NPP 1y 7m 18d
- Summary of record: Driving offences
- Involvement and summary: 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 [2008] NSWSC 104 Buddin J
- Age: 32
- Charge: Accessory after fact to murder, Conceal serious offence
- Plea: PG
- Sentence: 9m PD, 18m GBB
- Summary of record: Minor
- Involvement and summary: 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 [2008] NSWSC 206 Grove J
- Age: 29
- Charge: Accessory after fact to murder
- Plea: PG (1y discount to total sentence)
- Sentence: 3y, NPP 18m
- Summary of record: nil
- Involvement and summary: 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 [2009] NSWSC 24 Hidden J
- Age: 21
- Co-offender: AB
- Charge: Accessory after fact to murder, Common assault
- Plea: PG (15%)
- Sentence: 2y 6m, NPP 15m, FT 6m (concurrent)
- Summary of record: Drug offence committed after this offence
- Involvement and summary: 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 [2009] NSWSC 1109 Buddin J
- Age: 25
- Charge: Accessory after fact to murder
Sched: Affray
- Plea: PG (15%)
- Sentence: 2y, NPP 17m 2w 5d, (immediate release)
- Summary of record: Short record for minor violence
- Involvement and summary: 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 [2009] NSWSC 1323 RA Hulme J
- Age: 19
- Charge: Accessory after fact to murder
Agg BES
2x obtain money by deception
Drive disqual
Sched: Take and drive conveyance
Firearm offences
- Plea: PG (15%)
- Sentence: 3y 9m, NPP 2y
3y 4m, NPP 2y 6m
FT 3m
FT 3m
Total: 4y 9m, NPP 3y
- Summary of record: Minor driving offence
- Involvement and summary: 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 [2010] NSWSC 367 Fullerton J, [2012] NSWCCA 95, [2012] NSWSC 1634 Fullerton J
- Age: 25
- Co-offender: Postlewaight
- Charge: Accessory after fact to murder
Supply comm. qty cocaine
Sched: 16 offences
- Plea: PG (45% plea and assist)
- Sentence: 6y, NPP 4y 6m
2y 6m
Total: 6y, NPP 5y 6m
Total on re-sentence: 6y, NPP 4y 6m
- Appeal: AA, matter remitted to set NPP for supply offence
- Summary of record: nil
- Involvement and summary: 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) [2010] NSWSC 956 Rothman J
- Age: 47
- Charge: Accessory after fact to murder
- Plea: PG (12 1/2 %)
- Sentence: 7y, NPP 4y
- Summary of record: Breached conditional liberty – record for armed robberies, drug offences and assaults
- Involvement and summary: 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 [2010] NSWSC 1272 Fullerton J, [2011] NSWCCA 279
- Age: 31
- Co-offender: Urriola
- Charge: Accessory after fact to murder
s.112(2)
- Plea: PG (25%)
- Sentence: 8y 6m, NPP 6y 6m
18m
Total: 9y 6m, NPP 7y 6m
- Summary of record: No relevant record at time of first offence - Acc offence breached parole for supply drug offence
- Involvement and summary: 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 [2011] NSWSC 169 McCallum J
- Age: 24
- Charge: 4x Accessory after fact to murder
- Plea: VG
- Sentence: 27m, NPP 15m
- Summary of record: nil
- Involvement and summary: 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)
- Charge: Accessory after fact to murder
Sched: Accessory after the fact to murder
- Plea: PG (45% plea and assist)
- Sentence: 2y, NPP 12m
- Summary of record: nil
- Involvement and summary: 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 [2011] NSWSC 1689 Adams J
- Age: 21
- Charge: Accessory after fact to murder
BES
Sched: 5 BES offences
- Plea: PG (20%)
- Sentence: 2y GBB
- Summary of record: minor
- Involvement and summary: 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 [2012] NSWSC 93 Harrison J
- Age: 23
- Co-offender: Singh
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: FT 2y 25d (immediate release)
- Summary of record: nil
- Involvement and summary: 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 [2012] NSWSC 135 Harrison J
- Age: 25
- Co-offender: Bhullar
- Charge: Accessory after fact to murder
- Plea: PG
- Sentence: FT 2y 32d (immediate release)
- Summary of record: nil
- Involvement and summary: 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 [2012] NSWSC 166 Adams J
- Age: 29
- Charge: Accessory after fact to murder
- Plea: VG
- Sentence: 3y GBB (pre-sentence custody – 4w)
- Summary of record: nil relevant
- Involvement and summary: 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 [2012] NSWSC 24 Davies J
- Age: 44
- Charge: Accessory after fact to murder
Sched: larceny
- Plea: PG (35% plea and assist)
- Sentence: FT 18m suspended (pre-sentence custody - 197 days)
- Summary of record: minimal
- Involvement and summary: 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 [2012] NSWSC 149 Davies J
- Age: 48
- Charge: Accessory after fact to murder
- Plea: VG
- Sentence: 2y suspended
- Summary of record: nil
- Involvement and summary: 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 [2012] NSWSC 566 Harrison J
- Age: 48
- Charge: Accessory after fact to murder
- Plea: PG (40% plea and assist)
- Sentence: 4y, NPP 3y
- Summary of record: Sexual assault
- Involvement and summary: 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 [2012] NSWSC 1232 RA Hulme J
- Age: 41
- Charge: Accessory after fact to murder
- Plea: VG
- Sentence: 5y, NPP 3y 6m
- Summary of record: Supply drugs, possess firearm
- Involvement and summary: 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
- Charge: Accessory after fact to murder
Possess proh firearm
Pervert justice
- Plea: VG, PG
- Sentence: FT 2y
3y, NPP 18m
FT 16m
Total: 6y, NPP 4y 6m
- Appeal: AD
- Summary of record: nil
- Involvement and summary: 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 [2013] NSWSC 796 Latham J, [2014] NSWCCA 316
- Age: 31
- Charge: Manslaughter, Accessory after fact to murder
- Plea: PG (25%)
- Sentence: 7y
12y, NPP 9y
Total: 16y, NPP 12y
- Appeal: AD
- Summary of record: relatively minor
- Involvement and summary: 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 [2013] NSWSC 1097 Latham J, [2014] NSWCCA 116
- Co-offender: Estephan
- Age: 45
- Charge: Accessory after fact to murder
- Plea: PG (50% plea and assist)
- Sentence: 4y, 6m
NPP 2y, 6m
- Appeal: AD
- Summary of record: nil
- Involvement and summary: 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 [2013] NSWSC 1188 Adams J
- Age: 19
- Charge: Accessory after fact to murder
Sched: Accessory after fact to Agg BE
- Plea: VG
- Sentence: 2y GBB
- Summary of record: minor
- Involvement and summary: 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 [2013] NSWSC 1209 Rothman J
- Co-offender: Fennell (2011)
- Age: 36
- Charge: Accessory after fact to murder
- Plea: PG (25%)
- Sentence: 4y 6m, NPP 3y
- Summary of record: Record for robbery and violence offence
- Involvement and summary: 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 [2013] NSWSC 1328 RS Hulme AJ, [2015] NSWCCA 201
- Age: 54
- Charge: 2x accessory after fact to murder
- Plea: VG
- Sentence: Total: 4y, NPP 3y
- Appeal: AA, 2y 3m, NPP 1y 3m (immediate release to parole)
- Involvement and summary: 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 [2013] NSWSC 1851 Hidden J
- Age: 31
- Charge: Accessory after fact to murder
- Plea: PG (25%)
- Sentence: Total: 4y, NPP 2y 9m
- Summary of record: minor
- Involvement and summary: 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 [2014] NSWSC 450 Bellew J
- Co-offender: Kaminic
- Age: 19
- Charge: Accessory after fact to murder
2x Unauthorised possession of firearm
- Plea: PG (20%)
- Sentence: 6y 5m, NPP 4y 10m
FT 4m (each)
Total: 6y 7m, NPP 5y
- Appeal: AD
- Involvement and summary: 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 [2014] NSWSC 1254 Hamill J
- Age: 39
- Charge: Accessory after fact to murder
- Plea: PG (20%)
- Sentence: 26m, NPP 18m
- Summary of record: minor
- Involvement and summary: 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 [2014] NSWSC 1919 Button J
- Age: 18
- Charge: Accessory after fact to murder
- Plea: PG (33% plea and assist)
- Sentence: 2y 8m, NPP 1y 4m
- Summary of record: nil adult record
- Involvement and summary: 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
- Charge: s.86(2)(b), Accessory after fact to murder
- Plea: PG (10%)
- Sentence: 5y
4y 6m, NPP 3y 4m
Total: 6y 6m, NPP 5y 4m
- Summary of record: Minor drug offences
- Involvement and summary: 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 [2015] NSWSC 1015 Harrison J
- Age: 26
- Charge: Rob in Co, Accessory after fact to murder
- Plea: PG (20%), (25%)
- Sentence: 4y, NPP 2y
FT 1y (concurrent)
- Summary of record: minor
- Involvement and summary: 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 [2016] NSWSC 1174
- Age: 25
- Charge: Accessory after fact to murder
- Plea: PG (25%)
- Sentence: FT 1y 3m
- Summary of record: nil
- Involvement and summary: 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.
