R v Murray & R v Brazier [2022] NSWDC 597

R v Murray & R v Brazier [2022] NSWDC 597

Murray was sentenced on the basis of secondary involvement in a joint criminal enterprise for aggravated sexual intercourse in company, with the court finding her role to be towards the lower end of the range for such offences due to lack of physical participation and absence at the assault, but with knowledge and facilitating conduct. The Form 1 offence of sexual assault by forced self-manipulation was treated as part of the principal offence. Brazier was sentenced for concealing a serious indictable offence, with the offending towards the lower range given her limited culpability, relationship to other offenders, and motivation, but taking into account the seriousness of the concealed...

Jurisdiction
Australia
Judgment Date
18 February 2022
Procedural Posture
Criminal / Sentence
Outcome
Katherine Anne Murray: Convicted and sentenced to 6 years imprisonment (non-parole period of 3 years). Montana Pamela-Anne Brazier: Convicted and sentenced to 12 months imprisonment (non-parole period of 6 months).
Legal Topics
['aggravated Sexual Assault in Company' 'joint Criminal Enterprise' 'sexual Intercourse Without Consent' 'concealing a Serious Indictable Offence' 'sentencing' 'deprivation of Liberty' 'form 1 Matters']
['criminal Law'] ['aggravated Sexual Assault in Company' 'joint Criminal Enterprise' 'sexual Intercourse Without Consent' 'concealing a Serious Indictable Offence' 'sentencing' 'deprivation of Liberty' 'form 1 Matters']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Determination of appropriate sentence for aggravated sexual intercourse in company (s 61JA(1) Crimes Act 1900 (NSW))' 'Determination of sentence for concealing a serious indictable offence (s 316(1) Crimes Act 1900 (NSW))' 'Assessment of objective seriousness of offending in context of joint enterprise and secondary party' 'Consideration of involvement, role and culpability for each offender' 'Application of principles for sentencing sexual offences without sexual motive']

Ratio Decidendi

Murray was sentenced on the basis of secondary involvement in a joint criminal enterprise for aggravated sexual intercourse in company, with the court finding her role to be towards the lower end of the range for such offences due to lack of physical participation and absence at the assault, but with knowledge and facilitating conduct. The Form 1 offence of sexual assault by forced self-manipulation was treated as part of the principal offence. Brazier was sentenced for concealing a serious indictable offence, with the offending towards the lower range given her limited culpability, relationship to other offenders, and motivation, but taking into account the seriousness of the concealed...

Court Disposition

Katherine Anne Murray: Convicted and sentenced to 6 years imprisonment (non-parole period of 3 years). Montana Pamela-Anne Brazier: Convicted and sentenced to 12 months imprisonment (non-parole period of 6 months).

Orders

  • ['Katherine Anne Murray is convicted and sentenced to a term of imprisonment of 6 years commencing 10 December 2021 and expiring 9 December 2027, with a non-parole period of 3 years commencing 10 December 2021 and expiring 9 December 2024, parole thereafter for 3 years.' 'Montana Pamela-Anne Brazier is sentenced to...