R v Lisa Clare Mackett [2012] NSWSC 166

R v Lisa Clare Mackett [2012] NSWSC 166

Ms Mackett's acts of assistance as an accessory after the fact were minimal and of little or no actual consequence, placing the offence well towards the bottom of the range of objective seriousness. No further term of imprisonment is appropriate, and the offender is to enter into a good behaviour bond with supervision for three years.

Parties
Crown: Regina; Offender: Lisa Clare Mackett
Jurisdiction
Australia
Judgment Date
07 March 2012
Procedural Posture
Criminal / Sentencing
Outcome
Good behaviour bond ordered; no further imprisonment
Legal Topics
Accessory After the Fact to Murder, Common Assault, Sentencing Principles
Criminal Law Accessory After the Fact to Murder Common Assault Sentencing Principles

Case Brief

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Parties

Regina

Crown

Lisa Clare Mackett

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Principles of sentencing for accessory after the fact to murder
  2. 2 Whether mere agreement to provide a false alibi, not acted upon, constitutes the offence
  3. 3 Objective seriousness and roles in assistance to principal offender

Ratio Decidendi

Ms Mackett's acts of assistance as an accessory after the fact were minimal and of little or no actual consequence, placing the offence well towards the bottom of the range of objective seriousness. No further term of imprisonment is appropriate, and the offender is to enter into a good behaviour bond with supervision for three years.

Court Disposition

Good behaviour bond ordered; no further imprisonment

Orders

  • The offender is directed to enter into a good behaviour bond for the term of three years from 7 March 2012 subject to the following conditions: (i) she will appear before the court if called upon to do so at any time during the term of the bond; (ii) during the term of the bond she will remain of good behaviour; and...
  • In respect of the offences of common assault, the offender is sentenced to the rising of the Court.