R v Cowen [2008] NSWSC 104

R v Cowen [2008] NSWSC 104

Although general deterrence is important for offences assisting serious offenders to avoid detection, the offender's conduct on both counts fell towards the bottom of the range for offences of this kind. Her culpability was reduced by the limited assistance, the absence of conduct such as disposing of the handbag or witnessing the killings, her pleas of guilty at the first available opportunity, admissions, contrition, otherwise good character, prospects of rehabilitation, and emotional dependency underlying her loyalty to her partner. Count 1 prima facie required an immediate custodial sentence, but it was appropriate to order that it be served by periodic detention; count 2 was...

Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Sentence / Remarks on Sentence After Pleas of Guilty
Outcome
Offender sentenced on count 1 to imprisonment to be served by periodic detention and on count 2 to a good behaviour bond.
Legal Topics
['accessory After the Fact to Murder' 'concealing or Failing to Report a Serious Offence' 'periodic Detention' 'good Behaviour Bond' 'guilty Plea' 'general Deterrence' 'subjective Circumstances']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'concealing or Failing to Report a Serious Offence' 'periodic Detention' 'good Behaviour Bond' 'guilty Plea' 'general Deterrence' 'subjective Circumstances']

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Procedural Posture

Sentence / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for being an accessory after the fact to the murders of Gregory Hosa and Kathryn McKay by Kim Snibson.' "What sentence should be imposed for failing without reasonable excuse to bring information to police which might materially assist in securing Andrew Flentjar's conviction for the specially aggravated form of detain for advantage." "Whether the objective gravity of the offences and the offender's subjective circumstances justified a sentence less severe than full-time custody." 'Whether the count 1 sentence should be served by way of periodic detention.']

Ratio Decidendi

Although general deterrence is important for offences assisting serious offenders to avoid detection, the offender's conduct on both counts fell towards the bottom of the range for offences of this kind. Her culpability was reduced by the limited assistance, the absence of conduct such as disposing of the handbag or witnessing the killings, her pleas of guilty at the first available opportunity, admissions, contrition, otherwise good character, prospects of rehabilitation, and emotional dependency underlying her loyalty to her partner. Count 1 prima facie required an immediate custodial sentence, but it was appropriate to order that it be served by periodic detention; count 2 was...

Court Disposition

Offender sentenced on count 1 to imprisonment to be served by periodic detention and on count 2 to a good behaviour bond.

Orders

  • ['In respect of count 1, the offender is sentenced to 9 months imprisonment to be served by way of periodic detention.' 'The offender is to report to Unanderra Periodic Detention Centre at 8.30 am on 8 March 2008, on which date the sentence will commence.' 'The Court declined to set a non-parole period for count 1.'...