R v Urriola [2010] NSWSC 367

R v Urriola [2010] NSWSC 367

The offender's accessory after the fact offending was of a most serious kind because he willingly assisted in disposing of the deceased's body at sea and in destroying the deceased's car, after time to reflect and in the context of his criminal association with the murderer, although it was not a worst case and was mitigated by youth, no criminal record and psychological vulnerability. The cocaine supply offence was below mid range because the offender acted under Christiansen's direction, although the Form 1 matters added criminality. A composite 45 per cent discount was appropriate for early guilty pleas, past assistance and future assistance, and moderated accumulation was appropriate...

Jurisdiction
Australia
Judgment Date
30 April 2010
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas Following Committal From the Local Court
Outcome
The offender was sentenced to imprisonment and made eligible to be considered for release to parole on 19 July 2014.
Legal Topics
['accessory After the Fact to Murder' 'supply of a Commercial Quantity of Cocaine' 'victim Impact Statement Admissibility' 'guilty Plea Discount' 'assistance to Authorities' 'form 1 Offences']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'supply of a Commercial Quantity of Cocaine' 'victim Impact Statement Admissibility' 'guilty Plea Discount' 'assistance to Authorities' 'form 1 Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas Following Committal From the Local Court

Legal Issues

  1. 1 ["What sentence should be imposed for accessory after the fact to murder involving disposal of the deceased's body and destruction of the deceased's car." 'What sentence should be imposed for supply of a commercial quantity of cocaine, taking into account additional Form 1 offences.' "Whether the deceased's mother's statement was admissible or could prove substantial emotional harm as an aggravating factor." "What discount should be allowed for the offender's guilty pleas, past assistance and future assistance to authorities." 'Whether and to what extent the sentences should be accumulated.']

Ratio Decidendi

The offender's accessory after the fact offending was of a most serious kind because he willingly assisted in disposing of the deceased's body at sea and in destroying the deceased's car, after time to reflect and in the context of his criminal association with the murderer, although it was not a worst case and was mitigated by youth, no criminal record and psychological vulnerability. The cocaine supply offence was below mid range because the offender acted under Christiansen's direction, although the Form 1 matters added criminality. A composite 45 per cent discount was appropriate for early guilty pleas, past assistance and future assistance, and moderated accumulation was appropriate...

Court Disposition

The offender was sentenced to imprisonment and made eligible to be considered for release to parole on 19 July 2014.

Orders

  • ['On the charge of accessory after the fact to murder, the offender was sentenced to a non-parole period of 4 years and 6 months, to date from 20 January 2009 and expiring on 19 July 2013, with a balance of term of 1 year and 6 months expiring on 19 January 2015.' 'On the charge of supply of a commercial quantity of...