R v Purtill [2012] NSWSC 566

R v Purtill [2012] NSWSC 566

The offender's assistance to his brother in disposing of the body, cleaning the crime scene, and concealing the crime was spontaneous and unplanned initially, but became systematic in the days that followed. His actions were the result of misguided loyalty, without material benefit or prior planning. Substantial cooperation with authorities, including an early plea and agreement to give evidence, warranted a 40% discount. In light of the objective and subjective circumstances, a sentence of 4 years imprisonment with a 3 year non-parole period, partially concurrent with a previous sentence, was appropriate.

Parties
Prosecution: Crown; Offender: Warren Malcolm Purtill
Jurisdiction
Australia
Judgment Date
21 May 2012
Procedural Posture
Sentence / Sentencing
Outcome
Sentenced to imprisonment
Legal Topics
Accessory After the Fact to Murder, Sentencing, Discount for Plea and Assistance, Objective Seriousness
Criminal Law Accessory After the Fact to Murder Sentencing Discount for Plea and Assistance Objective Seriousness

Case Brief

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Parties

Crown

Prosecution

Warren Malcolm Purtill

Offender

Procedural Posture

Sentence / Sentencing

Legal Issues

  1. 1 Appropriate sentence for accessory after the fact to murder
  2. 2 Assessment of objective seriousness
  3. 3 Relevance of discount for plea of guilty and assistance to authorities

Ratio Decidendi

The offender's assistance to his brother in disposing of the body, cleaning the crime scene, and concealing the crime was spontaneous and unplanned initially, but became systematic in the days that followed. His actions were the result of misguided loyalty, without material benefit or prior planning. Substantial cooperation with authorities, including an early plea and agreement to give evidence, warranted a 40% discount. In light of the objective and subjective circumstances, a sentence of 4 years imprisonment with a 3 year non-parole period, partially concurrent with a previous sentence, was appropriate.

Court Disposition

Sentenced to imprisonment

Orders

  • Offender (Warren Malcolm Purtill) is sentenced to imprisonment for 4 years commencing on 16 May 2010 and expiring on 15 May 2014, with a non-parole period of 3 years commencing on 16 May 2010 and expiring on 15 May 2013.
  • The sentence partially concurs with the 6-month sentence for fraud and larceny already served.