R v Stanford, Marcus [2016] NSWSC 1174

R v Stanford, Marcus [2016] NSWSC 1174

Marcus Stanford's acts as accessory after the fact were limited in comparison with other such offences, occurred after the principal offender's arrest, and had little impact on investigation or prosecution. Morally culpable, especially in disposing of sentimental items, but offence as a whole fell towards the lower end of seriousness. Giving effect to mitigating factors including guilty plea, fixed term imprisonment of 1 year 3 months is appropriate.

Parties
Crown: Regina; Offender: Marcus Stanford
Jurisdiction
Australia
Judgment Date
24 August 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment for a fixed term of 1 year 3 months, to date from 10 June 2015 and expire on 9 September 2016.
Legal Topics
Accessory After the Fact, Sentencing, Murder, Mitigating Factors
Criminal Law Accessory After the Fact Sentencing Murder Mitigating Factors

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Parties

Regina

Crown

Marcus Stanford

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for Marcus Stanford, who pleaded guilty to being an accessory after the fact to murder?

Ratio Decidendi

Marcus Stanford's acts as accessory after the fact were limited in comparison with other such offences, occurred after the principal offender's arrest, and had little impact on investigation or prosecution. Morally culpable, especially in disposing of sentimental items, but offence as a whole fell towards the lower end of seriousness. Giving effect to mitigating factors including guilty plea, fixed term imprisonment of 1 year 3 months is appropriate.

Court Disposition

Convicted and sentenced to imprisonment for a fixed term of 1 year 3 months, to date from 10 June 2015 and expire on 9 September 2016.

Orders

  • Convicted
  • Sentenced to imprisonment for 1 year 3 months, fixed term, commencing 10 June 2015, expiring 9 September 2016