R v Lambroglou [2024] NSWSC 829

R v Lambroglou [2024] NSWSC 829

The offender's conduct in providing and maintaining concealment of the Hyundai after knowing the shooters had murdered Rami Iskandar, assisting an OMCG by affixing cloned plates and positioning vehicles while knowingly participating in a criminal group, and possessing and counting $561,450 for an OMCG justified significant imprisonment. The accessory offence was at the low end of the mid-range, the criminal group offence just within the mid-range, and the proceeds of crime offence high in the mid-range. The offender received a 25% discount for the accessory offence under s 25E and 10% discounts for the other counts, with his facilitation of justice, remorse, good rehabilitation prospects,...

Jurisdiction
Australia
Judgment Date
09 July 2024
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas to Accessory After the Fact to Murder, Participating in a Criminal Group, and Dealing With Property Suspected of Being Proceeds of Crime
Outcome
The offender was sentenced to an aggregate sentence of imprisonment for 4 years 6 months commencing 8 October 2022 and expiring 7 April 2027, with a non-parole period of 3 years expiring 7 October 2025. The offences on the s 166 Certificate were dismissed.
Legal Topics
['accessory After the Fact to Murder' 'participating in a Criminal Group' 'proceeds of Crime' 'guilty Plea Discount' 'aggregate Sentence' 'special Circumstances' 'outlaw Motorcycle Gang Offending']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'participating in a Criminal Group' 'proceeds of Crime' 'guilty Plea Discount' 'aggregate Sentence' 'special Circumstances' 'outlaw Motorcycle Gang Offending']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas to Accessory After the Fact to Murder, Participating in a Criminal Group, and Dealing With Property Suspected of Being Proceeds of Crime

Legal Issues

  1. 1 ['Assessment of the objective seriousness of the offences of accessory after the fact to murder, participating in a criminal group, and dealing with property suspected of being proceeds of crime.' 'Whether the offender was entitled to a 25% or 10% discount for the guilty pleas under Division 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "Whether the offender's subjective circumstances, remorse, rehabilitation prospects, custody conditions and special circumstances affected sentence." 'Whether an aggregate sentence was appropriate and whether offences on the s 166 Certificate should be dismissed.']

Ratio Decidendi

The offender's conduct in providing and maintaining concealment of the Hyundai after knowing the shooters had murdered Rami Iskandar, assisting an OMCG by affixing cloned plates and positioning vehicles while knowingly participating in a criminal group, and possessing and counting $561,450 for an OMCG justified significant imprisonment. The accessory offence was at the low end of the mid-range, the criminal group offence just within the mid-range, and the proceeds of crime offence high in the mid-range. The offender received a 25% discount for the accessory offence under s 25E and 10% discounts for the other counts, with his facilitation of justice, remorse, good rehabilitation prospects,...

Court Disposition

The offender was sentenced to an aggregate sentence of imprisonment for 4 years 6 months commencing 8 October 2022 and expiring 7 April 2027, with a non-parole period of 3 years expiring 7 October 2025. The offences on the s 166 Certificate were dismissed.

Orders

  • ['Vincent Bill Lambroglou is sentenced to an aggregate sentence of imprisonment for 4 years 6 months commencing 8 October 2022 and expiring 7 April 2027.' 'A non-parole period of 3 years is fixed, expiring 7 October 2025.' 'The offender is first eligible for parole on 7 October 2025.' 'The offences on the s 166...