R v Waters [1999] NSWSC 893

R v Waters [1999] NSWSC 893

Despite the objective seriousness of the offences and the prima facie appropriateness of a sentence of full time custody, the combination of substantial assistance given and promised to authorities, the offender's youth, guilty pleas at an early stage, demonstrated rehabilitation, delay since admission, and time already spent in custody justified a sentence of eighteen months' penal servitude on each count by way of periodic detention, to be served concurrently.

Jurisdiction
Australia
Judgment Date
27 August 1999
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['accessory After the Fact' 'murder' 'sentencing' 'plea of Guilty' 'assistance to Authorities' 'periodic Detention']
['criminal Law'] ['accessory After the Fact' 'murder' 'sentencing' 'plea of Guilty' 'assistance to Authorities' 'periodic Detention']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Ronald Lewis Waters who pleaded guilty to two charges of accessory after the fact of murder?' 'Should the sentence involve full time custody or periodic detention given the seriousness of the offence and mitigating circumstances?']

Ratio Decidendi

Despite the objective seriousness of the offences and the prima facie appropriateness of a sentence of full time custody, the combination of substantial assistance given and promised to authorities, the offender's youth, guilty pleas at an early stage, demonstrated rehabilitation, delay since admission, and time already spent in custody justified a sentence of eighteen months' penal servitude on each count by way of periodic detention, to be served concurrently.

Court Disposition

convicted and sentenced

Orders

  • ['Convicted on two counts of accessory after the fact of murder.' 'On each count sentenced to penal servitude for eighteen months, to be served concurrently by way of periodic detention.' 'Ordered to present at Metropolitan Periodic Detention Centre at Parramatta on Saturday 4 September 1999 by 9.00 am.']