R v King [2019] NSWSC 1742

R v King [2019] NSWSC 1742

The offender's conduct, although involving repeated lies to police over several months and driving the Source to the State Forest in the belief she was assisting her partner, did not include disposing of the body, destroying evidence, helping the murderer escape, or materially delaying the investigation more than minimally after police already knew of her communications. Her knowledge was treated as limited to what she disclosed in communications on 24 October 2017, and fear for herself and concern for her children mitigated the lies to police, though not the later trip to the State Forest. The offending was therefore at the low end of objective seriousness. Victim impact statements were...

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty to Being an Accessory After the Fact to Murder
Outcome
Convicted of being an accessory after the fact to murder and sentenced to imprisonment for two years and three months with a non-parole period of one year and three months.
Legal Topics
['accessory After the Fact to Murder' 'plea of Guilty' 'victim Impact Statements' 'objective Seriousness' 'bugmy Considerations' 'mental Illness' 'parity' 'special Circumstances']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'plea of Guilty' 'victim Impact Statements' 'objective Seriousness' 'bugmy Considerations' 'mental Illness' 'parity' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty to Being an Accessory After the Fact to Murder

Legal Issues

  1. 1 ['Whether victim impact statements could be given for the offence of being an accessory after the fact to murder under s 27(2)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "What sentence should be imposed for the offender's offence of being an accessory after the fact to murder." 'How the objective seriousness of the offending should be assessed.' 'What mitigating factors applied, including guilty plea, lack of significant prior convictions, remorse, prospects of rehabilitation, childhood deprivation, PTSD, and special circumstances.' 'Whether parity with the sentence imposed on Mr Hagan affected the appropriate sentence.']

Ratio Decidendi

The offender's conduct, although involving repeated lies to police over several months and driving the Source to the State Forest in the belief she was assisting her partner, did not include disposing of the body, destroying evidence, helping the murderer escape, or materially delaying the investigation more than minimally after police already knew of her communications. Her knowledge was treated as limited to what she disclosed in communications on 24 October 2017, and fear for herself and concern for her children mitigated the lies to police, though not the later trip to the State Forest. The offending was therefore at the low end of objective seriousness. Victim impact statements were...

Court Disposition

Convicted of being an accessory after the fact to murder and sentenced to imprisonment for two years and three months with a non-parole period of one year and three months.

Orders

  • ['Tracy Lee King is convicted of the offence of being an accessory after the fact to murder.' 'A non-parole period of one year and three months is imposed, to date from 25 November 2018 and expire on 24 February 2020.' 'A parole period of one year is imposed, to expire on 24 February 2021.' 'The first date upon...