R v Edward Arthur FERRETT (No 4) [2010] NSWSC 956

R v Edward Arthur FERRETT (No 4) [2010] NSWSC 956

The offender knowingly assisted the person or persons who murdered Ronald William Pollock to avoid detection by directly assisting in the disposal of the body, in circumstances connected with larger criminal drug activity and where the murder itself was targeted at avoiding justice. The offence approached the worst category of cases, although the offender had not previously been involved in an offence of this kind or with a murder. His late guilty plea warranted a 12.5% utilitarian discount; his criminal history, conditional liberty at the time of offending, lack of police assistance, and doubtful contrition weighed against leniency, while voluntary rehabilitation efforts and special...

Jurisdiction
Australia
Judgment Date
27 August 2010
Procedural Posture
Criminal Sentence for Accessory After the Fact to Murder / Remarks on Sentence After Guilty Plea
Outcome
Edward Arthur Ferrett was convicted and sentenced to a non-parole period of 4 years' imprisonment commencing 31 July 2008 and expiring 30 July 2012, with a balance of term of 3 years' imprisonment concluding 30 July 2015; the total sentence is 7 years' imprisonment and he is first eligible for release on 30 July 2012.
Legal Topics
['murder' 'accessory After the Fact' 'objective Seriousness' 'guilty Plea Discount' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'accessory After the Fact' 'objective Seriousness' 'guilty Plea Discount' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Accessory After the Fact to Murder / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for being an accessory after the fact to the murder of Ronald William Pollock.' "The objective seriousness of the offender's conduct in assisting the murderer or murderers to avoid detection." "The effect of the offender's guilty plea, criminal history, lack of assistance to police, health, drug and alcohol history, and rehabilitation efforts on sentence."]

Ratio Decidendi

The offender knowingly assisted the person or persons who murdered Ronald William Pollock to avoid detection by directly assisting in the disposal of the body, in circumstances connected with larger criminal drug activity and where the murder itself was targeted at avoiding justice. The offence approached the worst category of cases, although the offender had not previously been involved in an offence of this kind or with a murder. His late guilty plea warranted a 12.5% utilitarian discount; his criminal history, conditional liberty at the time of offending, lack of police assistance, and doubtful contrition weighed against leniency, while voluntary rehabilitation efforts and special...

Court Disposition

Edward Arthur Ferrett was convicted and sentenced to a non-parole period of 4 years' imprisonment commencing 31 July 2008 and expiring 30 July 2012, with a balance of term of 3 years' imprisonment concluding 30 July 2015; the total sentence is 7 years' imprisonment and he is first eligible for release on 30 July 2012.

Orders

  • ['Edward Arthur Ferrett is convicted of accessory after the fact to the murder of Ronald William Pollock by a person or persons unknown, in that on or about 26 July 2003 he did receive, harbour, maintain and assist the said person or persons unknown.' "The offender is sentenced to a non-parole period of 4 years'...