R v Hamalainen [2020] NSWSC 1705

R v Hamalainen [2020] NSWSC 1705

Both offences were below the mid-range of objective seriousness, but required imprisonment. The offender recruited Mr McCloskey and associates to intimidate the deceased and obtained the Subaru for that purpose, and after learning of the murder he arranged for and participated in disposal of the vehicle and warnings to the previous owner. The offender did not intend or foresee the murder, was remorseful, had reasonable prospects of rehabilitation and a low risk of reoffending, and was entitled to a 25% plea discount. Parity with Mr McCloskey and the need for some accumulation produced an overall sentence of two years and eight months with a non-parole period of two years, already served,...

Jurisdiction
Australia
Judgment Date
02 December 2020
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty to Recruiting Persons to Assist in Carrying Out Criminal Activity and Being an Accessory After the Fact to Murder
Outcome
The offender was convicted and sentenced for both offences, with sentences backdated so that he was immediately entitled to be released.
Legal Topics
['accessory After the Fact to Murder' 'recruiting Persons to Assist in Carrying Out Criminal Activity' 'objective Seriousness' 'guilty Plea Discount' 'victim Impact Statements' 'parity' 'rehabilitation and Risk of Reoffending']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'recruiting Persons to Assist in Carrying Out Criminal Activity' 'objective Seriousness' 'guilty Plea Discount' 'victim Impact Statements' 'parity' 'rehabilitation and Risk of Reoffending']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty to Recruiting Persons to Assist in Carrying Out Criminal Activity and Being an Accessory After the Fact to Murder

Legal Issues

  1. 1 ['What sentences should be imposed for recruiting Robert John McCloskey to assist in carrying out criminal activity, namely to intimidate John Salafia, and for assisting an unknown person knowing that person had committed murder.' 'How the objective seriousness of the recruiting offence and accessory after the fact to murder offence should be assessed.' 'Whether victim impact statements fell within Div 2 of Pt 3 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' "What allowance should be made for the offender's guilty pleas, remorse, rehabilitation prospects, risk of reoffending, prior custody and parity with Mr McCloskey."]

Ratio Decidendi

Both offences were below the mid-range of objective seriousness, but required imprisonment. The offender recruited Mr McCloskey and associates to intimidate the deceased and obtained the Subaru for that purpose, and after learning of the murder he arranged for and participated in disposal of the vehicle and warnings to the previous owner. The offender did not intend or foresee the murder, was remorseful, had reasonable prospects of rehabilitation and a low risk of reoffending, and was entitled to a 25% plea discount. Parity with Mr McCloskey and the need for some accumulation produced an overall sentence of two years and eight months with a non-parole period of two years, already served,...

Court Disposition

The offender was convicted and sentenced for both offences, with sentences backdated so that he was immediately entitled to be released.

Orders

  • ['For the offence of recruiting persons to assist in carrying out criminal activity, the offender is sentenced to a non-parole period of one year and four months commencing 24 November 2017 and expiring 23 March 2019 with a balance of term of six months expiring 23 September 2019.' 'For the offence of being an...