R v HDR [2009] NSWSC 1323

R v HDR [2009] NSWSC 1323

The offender's conduct as an accessory after the fact to murder was slightly below the middle of the range, and the aggravated break, enter and steal was close to but just below the middle of the range, with particular gravity arising from the planned theft of firearms and ammunition. His guilty pleas, youth, prior good character, low risk of reoffending, and rehabilitation prospects mitigated sentence, but general deterrence remained important. The Form 1 offences added little beyond the primary offending except limited additional weight for firearm use. Partial accumulation between the accessory and break and enter sentences was required because the offences were separate, but totality...

Jurisdiction
Australia
Judgment Date
04 December 2009
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to a total effective term of imprisonment of 4 years 9 months with a non-parole component of 3 years.
Legal Topics
['accessory After the Fact to Murder' 'aggravated Break, Enter and Steal' 'obtaining Money by Deception' 'driving Whilst Disqualified' 'form 1 Offences' 'standard Non Parole Period' 'general Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'aggravated Break, Enter and Steal' 'obtaining Money by Deception' 'driving Whilst Disqualified' 'form 1 Offences' 'standard Non Parole Period' 'general Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for being an accessory after the fact to murder, aggravated break, enter and steal, two offences of obtaining money by deception, and driving whilst disqualified.' "How the offender's Form 1 offences should be taken into account when sentencing for the primary offences." 'How objective seriousness, guilty pleas, mitigating features, standard non-parole period, accumulation, totality, and special circumstances should affect the sentence.']

Ratio Decidendi

The offender's conduct as an accessory after the fact to murder was slightly below the middle of the range, and the aggravated break, enter and steal was close to but just below the middle of the range, with particular gravity arising from the planned theft of firearms and ammunition. His guilty pleas, youth, prior good character, low risk of reoffending, and rehabilitation prospects mitigated sentence, but general deterrence remained important. The Form 1 offences added little beyond the primary offending except limited additional weight for firearm use. Partial accumulation between the accessory and break and enter sentences was required because the offences were separate, but totality...

Court Disposition

The offender was convicted and sentenced to a total effective term of imprisonment of 4 years 9 months with a non-parole component of 3 years.

Orders

  • ['For aggravated break, enter and steal, taking into account the firearms offences on the Form 1 document, sentenced to imprisonment comprising a non-parole period of 2 years 6 months and a balance of term of 10 months, dating from 24 April 2008, with the non-parole period expiring on 23 October 2010 and the total...