R v Gattellari ; R v Kaminic [2013] NSWSC 1097

R v Gattellari ; R v Kaminic [2013] NSWSC 1097

Gattellari played a vital, instigating and facilitating role in arranging and financing McGurk’s murder at the request of Medich over an extended period, warranting a high sentence save for his exceptional assistance to authorities, which justified a substantial discount. Kaminic, while less culpable and post-offence, facilitated the concealment of the crime and rendered substantial assistance, justifying a mitigated but still custodial sentence, with special circumstances due to his psychological vulnerabilities.

Jurisdiction
Australia
Judgment Date
10 May 2013
Procedural Posture
Criminal / Sentencing
Outcome
Fortunato Gattellari convicted and sentenced to 7 years 6 months non-parole (from 13 October 2010 to 12 April 2018), balance expires 12 October 2020. Eligible for release 13 April 2018; Senad Kaminic convicted and sentenced to 2 years 6 months non-parole (from 10 May 2013 to 9 November 2015), balance expires 9...
Legal Topics
['accessory Before the Fact to Murder' 'accessory After the Fact to Murder' 'sentencing' 'assistance to Authorities' 'discount for Plea of Guilty' 'special Circumstances']
['criminal Law'] ['accessory Before the Fact to Murder' 'accessory After the Fact to Murder' 'sentencing' 'assistance to Authorities' 'discount for Plea of Guilty' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for accessory before the fact to murder (Gattellari)' 'Appropriate sentence for accessory after the fact to murder (Kaminic)' 'Extent of discount for assistance and guilty plea' 'Whether special circumstances justify a shorter non-parole period']

Ratio Decidendi

Gattellari played a vital, instigating and facilitating role in arranging and financing McGurk’s murder at the request of Medich over an extended period, warranting a high sentence save for his exceptional assistance to authorities, which justified a substantial discount. Kaminic, while less culpable and post-offence, facilitated the concealment of the crime and rendered substantial assistance, justifying a mitigated but still custodial sentence, with special circumstances due to his psychological vulnerabilities.

Court Disposition

Fortunato Gattellari convicted and sentenced to 7 years 6 months non-parole (from 13 October 2010 to 12 April 2018), balance expires 12 October 2020. Eligible for release 13 April 2018; Senad Kaminic convicted and sentenced to 2 years 6 months non-parole (from 10 May 2013 to 9 November 2015), balance expires 9...

Orders

  • ['Fortunato Gattellari: Convicted of murder; sentenced to imprisonment: non-parole period of 7 years 6 months from 13 October 2010 expiring 12 April 2018; balance of term expires 12 October 2020; eligible for release on 13 April 2018.' 'Senad Kaminic: Convicted of accessory after the fact to murder; sentenced to...