R v Veronica Eliana SALAS-COLLARD [2013] NSWSC 1188

R v Veronica Eliana SALAS-COLLARD [2013] NSWSC 1188

The offender's assistance to AB was limited to taking him to her cousin's home and then to a unit at Miller over a relatively short period, at AB's insistence, while she was mentally and emotionally compromised. Although she was not under duress, her offence fell into a lower category of seriousness and the Court was not satisfied that no penalty other than imprisonment was appropriate; a two-year good behaviour bond was imposed.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Criminal Sentence for Accessory After the Fact to Murder, With a Form 1 Charge Taken Into Account / Sentence After Trial and Guilty Verdict
Outcome
Good behaviour bond imposed for two years.
Legal Topics
['accessory After the Fact to Murder' 'good Behaviour Bond' 'mental State of Offender' 'objective Seriousness' 'non Custodial Disposition']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'good Behaviour Bond' 'mental State of Offender' 'objective Seriousness' 'non Custodial Disposition']

Case Brief

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Procedural Posture

Criminal Sentence for Accessory After the Fact to Murder, With a Form 1 Charge Taken Into Account / Sentence After Trial and Guilty Verdict

Legal Issues

  1. 1 ['What sentence should be imposed for being an accessory after the fact to murder under s 349(1) of the Crimes Act 1900.' "What weight should be given to the offender's mental condition, psychological vulnerability and relationship with AB." 'Whether a sentence of imprisonment was the only appropriate penalty under s 5(1) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender's assistance to AB was limited to taking him to her cousin's home and then to a unit at Miller over a relatively short period, at AB's insistence, while she was mentally and emotionally compromised. Although she was not under duress, her offence fell into a lower category of seriousness and the Court was not satisfied that no penalty other than imprisonment was appropriate; a two-year good behaviour bond was imposed.

Court Disposition

Good behaviour bond imposed for two years.

Orders

  • ['The offender is to enter into a good behaviour bond for a period of two years subject to the condition that, during the term of the bond, the offender will be of good behaviour and will appear before the Court if called upon to do so at any time during the term of the bond.']