R v Struik [2023] NSWSC 1548

R v Struik [2023] NSWSC 1548

The offender's accessory-after-the-fact offending was below the middle of the range but not at the bottom because he had no prior knowledge of the murder, did not possess the murder weapon, maintained storage of firearms for just over two weeks after learning of their connection with the murder, and did not delay or thwart the police investigation, although he knowingly continued to conceal firearms used in connection with a serious murder. Each firearms offence was in the middle range of objective seriousness because shortened firearms have no legitimate purpose, are dangerous and concealable, and the offender possessed them for 19 days, with five additional unauthorised firearms taken...

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years and 3 months with a non-parole period of 3 years and 5 months.
Legal Topics
['accessory After the Fact to Murder' 'firearms Offences' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'firearms Offences' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'special Circumstances' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for being an accessory after the fact to murder contrary to s 349(1) of the Crimes Act 1900 (NSW).' 'What sentences should be imposed for two counts of possessing a shortened firearm contrary to s 62(1)(b) of the Firearms Act 1996 (NSW), including five Form 1 offences taken into account on Count 2.' "What discounts should apply for the offender's pleas of guilty under the Crimes (Sentencing Procedure) Act 1999 (NSW)." "Whether the offender's background of disadvantage, trauma, mental health issues and substance abuse reduced moral culpability and supported a finding of special circumstances." 'How general deterrence, denunciation, specific deterrence, rehabilitation, totality and accumulation should affect the sentence.']

Ratio Decidendi

The offender's accessory-after-the-fact offending was below the middle of the range but not at the bottom because he had no prior knowledge of the murder, did not possess the murder weapon, maintained storage of firearms for just over two weeks after learning of their connection with the murder, and did not delay or thwart the police investigation, although he knowingly continued to conceal firearms used in connection with a serious murder. Each firearms offence was in the middle range of objective seriousness because shortened firearms have no legitimate purpose, are dangerous and concealable, and the offender possessed them for 19 days, with five additional unauthorised firearms taken...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years and 3 months with a non-parole period of 3 years and 5 months.

Orders

  • ['The offender is convicted.' 'Pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), an aggregate term of imprisonment of 5 years and 3 months is imposed, commencing on 28 August 2020 and expiring on 27 November 2025.' 'A non-parole period of 3 years and 5 months is fixed, commencing on 28 August...