R v Faulkner [2000] NSWSC 944

R v Faulkner [2000] NSWSC 944

Although the prisoner was not involved in committing the murders and faced mitigating circumstances including threat, influence, remorse, early guilty plea, assistance and strict protection custody, his substantial assistance over several days in concealing and burning two bodies, cleaning up the crime, moving vehicles and disposing of evidence placed the accessory offences in the upper range of seriousness. Concurrent custodial sentences, backdated to reflect time already served, were required, with special circumstances justifying a longer parole period.

Jurisdiction
Australia
Judgment Date
05 October 2000
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea to Two Counts of Being an Accessory After the Fact to Murder, With Four Form 1 Offences Taken Into Account
Outcome
Prisoner sentenced to imprisonment on both counts, with the Form 1 matters taken into account on count 1 and the sentences to be served concurrently.
Legal Topics
['accessory After the Fact to Murder' 'guilty Plea' 'assistance to Authorities' 'form 1 Offences' 'non Parole Period' 'strict Protection Custody']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'guilty Plea' 'assistance to Authorities' 'form 1 Offences' 'non Parole Period' 'strict Protection Custody']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea to Two Counts of Being an Accessory After the Fact to Murder, With Four Form 1 Offences Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of being an accessory after the fact to murder.' 'How the four Form 1 offences should be taken into account.' "What discount should be allowed for the prisoner's guilty plea and assistance to police and undertaking to give evidence." 'Whether strict protection custody and rehabilitation needs constituted special circumstances affecting the non-parole period.']

Ratio Decidendi

Although the prisoner was not involved in committing the murders and faced mitigating circumstances including threat, influence, remorse, early guilty plea, assistance and strict protection custody, his substantial assistance over several days in concealing and burning two bodies, cleaning up the crime, moving vehicles and disposing of evidence placed the accessory offences in the upper range of seriousness. Concurrent custodial sentences, backdated to reflect time already served, were required, with special circumstances justifying a longer parole period.

Court Disposition

Prisoner sentenced to imprisonment on both counts, with the Form 1 matters taken into account on count 1 and the sentences to be served concurrently.

Orders

  • ['On count 1, being the count in respect of which the Form 1 matters are taken into account, the prisoner is sentenced to imprisonment for four years and four months, commencing on 25 August 1999.' 'A non-parole period of two years eight months is specified on count 1, commencing on 25 August 1999.' 'On count 2, the...