Regina v Trocio [2005] NSWSC 563

Regina v Trocio [2005] NSWSC 563

Although the murder was a serious offence involving repeated cutting of the victim's throat with a machete, the prisoner's role in the killing itself was limited to acting as a lookout as a principal in the second degree and his criminality was significantly less than Almirol's. His later acts of moving, helping package and dispose of the body parts, keeping watch during dismemberment, and assisting Almirol to leave Australia were taken into account as concealment conduct. Allowing for the utilitarian value of the guilty plea, contrition, a small discount for assistance or willingness to assist, absence of prior convictions, low risk of reoffending, good rehabilitation prospects, and...

Jurisdiction
Australia
Judgment Date
17 June 2005
Procedural Posture
Criminal Sentence for Murder / Sentencing After Plea of Guilty as a Principal in the Second Degree
Outcome
The prisoner was sentenced to imprisonment for 12 years with a non-parole period of 8 years.
Legal Topics
['murder' 'plea of Guilty' 'principal in the Second Degree' 'non Parole Period' 'assistance to Authorities' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'plea of Guilty' 'principal in the Second Degree' 'non Parole Period' 'assistance to Authorities' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Plea of Guilty as a Principal in the Second Degree

Legal Issues

  1. 1 ['What sentence should be imposed for murder where the prisoner pleaded guilty as a principal in the second degree.' "How the prisoner's limited participation in the killing and later acts to conceal the murder should affect sentence." 'What discount should be allowed for the plea of guilty and for assistance provided or offered.' 'Whether special circumstances justified a larger than usual period of supervised liberty.']

Ratio Decidendi

Although the murder was a serious offence involving repeated cutting of the victim's throat with a machete, the prisoner's role in the killing itself was limited to acting as a lookout as a principal in the second degree and his criminality was significantly less than Almirol's. His later acts of moving, helping package and dispose of the body parts, keeping watch during dismemberment, and assisting Almirol to leave Australia were taken into account as concealment conduct. Allowing for the utilitarian value of the guilty plea, contrition, a small discount for assistance or willingness to assist, absence of prior convictions, low risk of reoffending, good rehabilitation prospects, and...

Court Disposition

The prisoner was sentenced to imprisonment for 12 years with a non-parole period of 8 years.

Orders

  • ['Prehector Keith Trocio is sentenced to imprisonment for twelve years, commencing on 24 April 2003 and expiring on 23 April 2015.' 'A non-parole period of eight years is set, commencing on 24 April 2003 and expiring on 23 April 2011.' 'The earliest date on which the prisoner will be eligible to be released on...