R v Dilosa [2023] NSWSC 1515

R v Dilosa [2023] NSWSC 1515

The offence was above the mid-range and of high seriousness because Mr Dilosa knowingly helped a murderer escape justice by destroying weapons, wrapping and moving the deceased's body, keeping it in his van for about a week, placing it in Cockle Creek, concealing related items, and falsely telling others he had killed the victim. It was not in the worst category because his initial response was spontaneous and he did not bury or destroy the body so as to make discovery impossible. After allowing for the 25% guilty plea reduction and special circumstances including first custody, rehabilitation, COVID-related custody conditions and need for supervision, the appropriate sentence was 6 years...

Jurisdiction
Australia
Judgment Date
04 December 2023
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty to Being an Accessory After the Fact to Murder and Acquittal on Murder Charge
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['accessory After the Fact to Murder' 'plea of Guilty' 'objective Seriousness' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'plea of Guilty' 'objective Seriousness' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty to Being an Accessory After the Fact to Murder and Acquittal on Murder Charge

Legal Issues

  1. 1 ['What sentence should be imposed for being an accessory after the fact to the murder of Danielle Easey by Carol McHenry.' 'How objectively serious the offence was, including the disposal of weapons and the body and the delay to the investigation.' "What reduction should be allowed for the offender's plea of guilty." 'Whether special circumstances justified a non-parole period shorter than the statutory ratio.']

Ratio Decidendi

The offence was above the mid-range and of high seriousness because Mr Dilosa knowingly helped a murderer escape justice by destroying weapons, wrapping and moving the deceased's body, keeping it in his van for about a week, placing it in Cockle Creek, concealing related items, and falsely telling others he had killed the victim. It was not in the worst category because his initial response was spontaneous and he did not bury or destroy the body so as to make discovery impossible. After allowing for the 25% guilty plea reduction and special circumstances including first custody, rehabilitation, COVID-related custody conditions and need for supervision, the appropriate sentence was 6 years...

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['Convicted.' 'Sentenced to a non-parole period of 4 years imprisonment to date from 19 September 2019 with an additional term of 2 years imprisonment.' 'The head sentence is one of 6 years imprisonment.' 'The offender was eligible for release on parole as of 18 September 2023.']