Regina v Scowen [2007] NSWSC 792

Regina v Scowen [2007] NSWSC 792

The offender's culpability was confined to assisting Wade Stewart to avoid prompt apprehension after she knew he had stabbed and killed Brian Sawtell; she was not responsible for the killing itself. Her assistance lasted less than two days, principally by accompanying Stewart and through use of her mobile phone, and was objectively toward the lower end of seriousness for accessory after the fact to murder. Allowing for her early guilty plea, youth, rehabilitation and special circumstances, a sentence comprising a non-parole period effectively already served and a short balance term was appropriate.

Jurisdiction
Australia
Judgment Date
20 July 2007
Procedural Posture
Criminal Sentence for Accessory After the Fact to Murder / Sentence After Guilty Plea
Outcome
Sentence imposed; offender sentenced to imprisonment with release to parole directed on 23 July 2007.
Legal Topics
['accessory After the Fact to Murder' 'victim Impact Statements' 'scope of Responsibility' 'assessment of Culpability' 'non Parole Period' 'special Circumstances']
['criminal Law and Procedure' 'sentencing'] ['accessory After the Fact to Murder' 'victim Impact Statements' 'scope of Responsibility' 'assessment of Culpability' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Accessory After the Fact to Murder / Sentence After Guilty Plea

Legal Issues

  1. 1 ["Whether victim impact statements from members of the deceased's family could be received on sentence for the offender's offence of being an accessory after the fact to murder." "The scope of the offender's criminal responsibility for assisting Wade Stewart after the murder." "The objective seriousness and moral culpability of the offender's conduct." 'The appropriate sentence, including allowance for an early guilty plea and special circumstances.']

Ratio Decidendi

The offender's culpability was confined to assisting Wade Stewart to avoid prompt apprehension after she knew he had stabbed and killed Brian Sawtell; she was not responsible for the killing itself. Her assistance lasted less than two days, principally by accompanying Stewart and through use of her mobile phone, and was objectively toward the lower end of seriousness for accessory after the fact to murder. Allowing for her early guilty plea, youth, rehabilitation and special circumstances, a sentence comprising a non-parole period effectively already served and a short balance term was appropriate.

Court Disposition

Sentence imposed; offender sentenced to imprisonment with release to parole directed on 23 July 2007.

Orders

  • ['The offender was convicted of being an accessory after the fact to murder.' 'The offender was sentenced to imprisonment consisting of a non-parole period of twelve months less three days to date from 26 July 2006 and expiring on 23 July 2007, with a balance term of four months commencing on 24 July 2007.' 'The...