R v Fantakis; R v Woods [2018] NSWSC 1700

R v Fantakis; R v Woods [2018] NSWSC 1700

Fantakis murdered Mr Karmas with intent to kill and then concealed his body, with the murder assessed about the middle of the range of seriousness; his mental disorder reduced moral culpability to a degree but he understood the nature and wrongfulness of his conduct. Woods knowingly gave considered and extensive assistance to Fantakis by sending misleading messages, helping conceal the body and giving false accounts, placing his accessory offending towards the upper range; his mental illness also reduced moral culpability to a degree but not substantially. Delay did not mitigate because the offenders' conduct and applications contributed to it, there was no remorse, and no special...

Jurisdiction
Australia
Judgment Date
08 November 2018
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdicts of Guilty and Convictions Recorded
Outcome
Elefterios Fantakis and Andrew Woods were sentenced to terms of imprisonment.
Legal Topics
['murder' 'accessory After the Fact to Murder' 'non Parole Period' 'mental Illness and Moral Culpability' 'victim Impact' 'delay' 'remorse' 'general Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'accessory After the Fact to Murder' 'non Parole Period' 'mental Illness and Moral Culpability' 'victim Impact' 'delay' 'remorse' 'general Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence After Jury Verdicts of Guilty and Convictions Recorded

Legal Issues

  1. 1 ['What sentence should be imposed on Elefterios Fantakis for murder.' 'What sentence should be imposed on Andrew Woods for accessory after the fact to murder.' "How the offenders' mental illness at the time of offending affected moral culpability and sentence." 'Whether delay in the investigation and proceedings should mitigate sentence.' "Whether the absence of remorse and refusal to reveal the location of the victim's body affected sentence." 'Whether special circumstances should be found to alter the statutory ratio between non-parole period and parole period.']

Ratio Decidendi

Fantakis murdered Mr Karmas with intent to kill and then concealed his body, with the murder assessed about the middle of the range of seriousness; his mental disorder reduced moral culpability to a degree but he understood the nature and wrongfulness of his conduct. Woods knowingly gave considered and extensive assistance to Fantakis by sending misleading messages, helping conceal the body and giving false accounts, placing his accessory offending towards the upper range; his mental illness also reduced moral culpability to a degree but not substantially. Delay did not mitigate because the offenders' conduct and applications contributed to it, there was no remorse, and no special...

Court Disposition

Elefterios Fantakis and Andrew Woods were sentenced to terms of imprisonment.

Orders

  • ['For the crime of murder, Elefterios Fantakis is sentenced to a non-parole period of 18 years imprisonment, to date from 3 October 2013, and expiring on 2 October 2031, with a balance of term of 6 years, expiring on 2 October 2037. The total term of sentence is 24 years imprisonment.' 'For the crime of accessory...