R v Safetli [2013] NSWSC 1096

R v Safetli [2013] NSWSC 1096

The offender's murder was an execution style killing for payment in which he played an active and sustained role, and his later intimidation of Mrs McGurk was towards the top of the range for that offence. Although his assistance to police and future undertaking to give evidence were exceptional and justified a substantial combined discount with the guilty pleas, he was not entitled to an Ellis discount because he was already a target of the police investigation and his disclosures were not admissions of otherwise unknown guilt. His psychiatric and subjective circumstances did not significantly reduce his culpability, but special circumstances were found because accumulating the murder...

Jurisdiction
Australia
Judgment Date
09 August 2013
Procedural Posture
Sentence / Sentencing After Pleas of Guilty to Murder and Intimidation Pursuant to a S 166 Certificate
Outcome
Convicted and sentenced for intimidation and murder.
Legal Topics
['murder' 'intimidation' 'guilty Pleas' 'assistance to Police' 'ellis Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'intimidation' 'guilty Pleas' 'assistance to Police' 'ellis Discount' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Sentence / Sentencing After Pleas of Guilty to Murder and Intimidation Pursuant to a S 166 Certificate

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Michael McGurk after a plea of guilty." 'What sentence should be imposed for the intimidation of Mrs McGurk pursuant to the s 166 certificate.' "What discount should be allowed for the utilitarian value of the pleas of guilty and the offender's past and future assistance to police." 'Whether the offender was entitled to additional leniency under R v Ellis (1986) 6 NSWLR 603.' 'Whether special circumstances should be found in setting the non-parole period.']

Ratio Decidendi

The offender's murder was an execution style killing for payment in which he played an active and sustained role, and his later intimidation of Mrs McGurk was towards the top of the range for that offence. Although his assistance to police and future undertaking to give evidence were exceptional and justified a substantial combined discount with the guilty pleas, he was not entitled to an Ellis discount because he was already a target of the police investigation and his disclosures were not admissions of otherwise unknown guilt. His psychiatric and subjective circumstances did not significantly reduce his culpability, but special circumstances were found because accumulating the murder...

Court Disposition

Convicted and sentenced for intimidation and murder.

Orders

  • ['On the charge of intimidation pursuant to the s 166 certificate, Haissam Safetli is convicted and sentenced to a fixed term of 6 months, to date from 13 October 2010, expiring 12 April 2011.' 'On the charge of murder of Michael McGurk, Haissam Safetli is convicted and sentenced to a non-parole period of 6 years...