R v LO [2000] NSWSC 714

R v LO [2000] NSWSC 714

The murder was a meticulously planned contract killing committed for money against a stranger, and the conspiracy was an intended second contract killing carried out for financial advantage against a friend, so both offences were in the worst category and would ordinarily attract the maximum penalties. However, the offender's truthful, complete and useful assistance to the New South Wales Crime Commission and police, his evidence against others, the resulting prosecutions, and the danger and harsher custodial conditions he would face justified sentences below the maximum, though the reduction was moderated by the serious effects on the victims and their families. The sentences were made...

Jurisdiction
Australia
Judgment Date
21 July 2000
Procedural Posture
Criminal Sentencing for Murder and Conspiracy to Murder / Sentence After Pleas of Guilty
Outcome
The offender was sentenced to imprisonment for both offences, with the schedule offences taken into account under s 32 Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['murder' 'conspiracy to Murder' 'contract Killing' 'worst Category of Cases' 'assistance to Authorities' 'guilty Plea' 'victim Impact' 'non Parole Period' 'schedule Offences Taken Into Account']
['criminal Law' 'sentencing'] ['murder' 'conspiracy to Murder' 'contract Killing' 'worst Category of Cases' 'assistance to Authorities' 'guilty Plea' 'victim Impact' 'non Parole Period' 'schedule Offences Taken Into Account']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Murder and Conspiracy to Murder / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['Whether the murder of Albert Brikha and the conspiracy to murder Raphael Bessounian fell into the worst category of cases.' "Whether the offender's pleas of guilty reduced the sentences or evidenced remorse." "Whether the offender's assistance to law enforcement authorities justified sentences below the maximum penalties." 'Whether any lesser penalty would be unreasonably disproportionate to the nature and circumstances of the offences.' 'How the sentences and non-parole period should be structured having regard to totality and partial accumulation.']

Ratio Decidendi

The murder was a meticulously planned contract killing committed for money against a stranger, and the conspiracy was an intended second contract killing carried out for financial advantage against a friend, so both offences were in the worst category and would ordinarily attract the maximum penalties. However, the offender's truthful, complete and useful assistance to the New South Wales Crime Commission and police, his evidence against others, the resulting prosecutions, and the danger and harsher custodial conditions he would face justified sentences below the maximum, though the reduction was moderated by the serious effects on the victims and their families. The sentences were made...

Court Disposition

The offender was sentenced to imprisonment for both offences, with the schedule offences taken into account under s 32 Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['For conspiring to murder Raphael Bessounian, the offender was sentenced to imprisonment for eighteen years commencing on 7 April 1999 and expiring on 6 April 2017, with no non-parole period fixed.' 'For the murder of Albert Brikha, the offender was sentenced to imprisonment for thirty-two years commencing on 7...