R v Nathan John Blundell [2016] NSWSC 1810

R v Nathan John Blundell [2016] NSWSC 1810

The offender, by shared intention and limited planning, encouraged and assisted the principal offender to inflict grievous bodily harm upon the deceased for reasons of revenge and frustration over a financial dispute. Although not present at the actual killing and having attempted to talk the principal down from escalating violence, the offender's conduct met the threshold for being an accessory before the fact to murder. The sentence reflects his lesser, but still serious, culpability relative to the principal offender, and is justified by the statutory framework and the objective and subjective circumstances found.

Parties
Prosecution: Regina (Crown); Offender: Nathan John Blundell
Jurisdiction
Australia
Judgment Date
14 December 2016
Procedural Posture
Criminal / Sentence After Jury Verdict
Outcome
Conviction, custodial sentence imposed
Legal Topics
Accessory Before the Fact to Murder, Sentencing, Grievous Bodily Harm, Culpability, Assistance and Encouragement, Aggravating and Mitigating Factors
Criminal Law Accessory Before the Fact to Murder Sentencing Grievous Bodily Harm Culpability Assistance and Encouragement Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Regina (Crown)

Prosecution

Nathan John Blundell

Offender

Procedural Posture

Criminal / Sentence After Jury Verdict

Legal Issues

  1. 1 What is the appropriate sentence for an accessory before the fact to murder where the offender was not present at the assault?
  2. 2 Did the offender encourage and/or assist the principal offender in the infliction of grievous bodily harm?
  3. 3 How does the offender's role and culpability compare with the principal offender?

Ratio Decidendi

The offender, by shared intention and limited planning, encouraged and assisted the principal offender to inflict grievous bodily harm upon the deceased for reasons of revenge and frustration over a financial dispute. Although not present at the actual killing and having attempted to talk the principal down from escalating violence, the offender's conduct met the threshold for being an accessory before the fact to murder. The sentence reflects his lesser, but still serious, culpability relative to the principal offender, and is justified by the statutory framework and the objective and subjective circumstances found.

Court Disposition

Conviction, custodial sentence imposed

Orders

  • Imprisonment for a term of 10 years with a non-parole period of 7 years, commencing 7 July 2015 and expiring 6 July 2025, with parole eligibility on 6 July 2022.