R v Ganene COULTER [2011] NSWSC 1176

R v Ganene COULTER [2011] NSWSC 1176

The offender's sentence reflected both the grave nature of conspiracy to murder and her less critical, though not insignificant, role. Genuine remorse, low risk of reoffending, late guilty plea, some future assistance, and special circumstances warranted moderation. A non-parole period of 7 years 6 months with eligibility for parole set according to statutory ratio with slight adjustment for special circumstances.

Parties
Crown: Regina; Offender: Ganene Coulter
Jurisdiction
Australia
Judgment Date
24 May 2011
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced
Legal Topics
Conspiracy to Murder, Sentencing, Objective Seriousness, Remorse, Guilty Plea, Assistance to Prosecution, Special Circumstances
Criminal Law Conspiracy to Murder Sentencing Objective Seriousness Remorse Guilty Plea Assistance to Prosecution Special Circumstances

Case Brief

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Parties

Regina

Crown

Ganene Coulter

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Assessment of sentence for conspiracy to murder
  2. 2 Determination of objective and subjective seriousness
  3. 3 Consideration of mitigating and aggravating factors

Ratio Decidendi

The offender's sentence reflected both the grave nature of conspiracy to murder and her less critical, though not insignificant, role. Genuine remorse, low risk of reoffending, late guilty plea, some future assistance, and special circumstances warranted moderation. A non-parole period of 7 years 6 months with eligibility for parole set according to statutory ratio with slight adjustment for special circumstances.

Court Disposition

Convicted and sentenced

Orders

  • Convicted on conspiracy to murder.
  • Sentenced to a non-parole period of 7 years and 6 months from 11 February 2010, expiring 10 August 2017.