R v Batak (No 5) [2022] NSWSC 1217

R v Batak (No 5) [2022] NSWSC 1217

The offender intentionally assisted a proposed drug-rip home invasion armed robbery by supplying Coskun with a loaded Glock-type pistol with an extended clip and a hi-vis shirt, knowing the intended target was a drug dealer and foreseeing the possibility that the gun would be discharged with potentially serious or fatal consequences. Although the standard non-parole period for murder was not applied directly to an accessory before the fact, the offence was above the mid-range of objective seriousness. The attempted robbery criminality was entirely subsumed in the accessory before the fact to murder criminality, requiring concurrent sentences and avoidance of double punishment.

Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdicts of Guilty for Accessory Before the Fact to Murder and Accessory Before the Fact to Attempted Robbery Whilst Armed With a Dangerous Weapon
Outcome
Convicted and sentenced to imprisonment for 14 years with a non-parole period of 10 years and 6 months for accessory before the fact to murder, and to a concurrent fixed term of imprisonment of 2 years for accessory before the fact to attempted robbery whilst armed with a dangerous weapon.
Legal Topics
['constructive Murder' 'accessory Before the Fact' 'attempted Robbery Whilst Armed With a Dangerous Weapon' 'standard Non Parole Period' 'objective Seriousness' 'concurrency and Totality' 'remorse' 'rehabilitation']
['criminal Law' 'sentencing'] ['constructive Murder' 'accessory Before the Fact' 'attempted Robbery Whilst Armed With a Dangerous Weapon' 'standard Non Parole Period' 'objective Seriousness' 'concurrency and Totality' 'remorse' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Jury Verdicts of Guilty for Accessory Before the Fact to Murder and Accessory Before the Fact to Attempted Robbery Whilst Armed With a Dangerous Weapon

Legal Issues

  1. 1 ['Whether the standard non-parole period for murder applied to sentencing an accessory before the fact to murder.' 'What findings should be made about whether the offender supplied his own loaded Glock-type pistol with an extended clip to the principal offender for use in the attempted armed robbery.' "How objectively serious the offences were, including the relevance of the offender's foresight that the gun might be discharged during a drug-rip style home invasion." 'Whether the criminality for the accessory before the fact to attempted robbery offence was wholly subsumed by the accessory before the fact to murder offence.' 'What subjective factors, including lack of prior convictions, custodial conduct, remorse, delay, rehabilitation prospects and family circumstances, should affect sentence.']

Ratio Decidendi

The offender intentionally assisted a proposed drug-rip home invasion armed robbery by supplying Coskun with a loaded Glock-type pistol with an extended clip and a hi-vis shirt, knowing the intended target was a drug dealer and foreseeing the possibility that the gun would be discharged with potentially serious or fatal consequences. Although the standard non-parole period for murder was not applied directly to an accessory before the fact, the offence was above the mid-range of objective seriousness. The attempted robbery criminality was entirely subsumed in the accessory before the fact to murder criminality, requiring concurrent sentences and avoidance of double punishment.

Court Disposition

Convicted and sentenced to imprisonment for 14 years with a non-parole period of 10 years and 6 months for accessory before the fact to murder, and to a concurrent fixed term of imprisonment of 2 years for accessory before the fact to attempted robbery whilst armed with a dangerous weapon.

Orders

  • ['Accessory before the fact to murder: sentenced to a term of imprisonment comprising a non-parole period of 10 years and 6 months with a balance of term of 3 years and 6 months, being a total sentence of 14 years, dating from 21 August 2019 and expiring on 20 August 2033.' 'The non-parole period for accessory...