R v Michael Anthony GRUPE [2007] NSWSC 1303

R v Michael Anthony GRUPE [2007] NSWSC 1303

The offender participated for financial gain in a carefully planned kidnapping and extortion while heavily armed with an AK47 and substantial ammunition, and he contemplated at least the significant possibility, indeed likelihood, that Mr Elliot or another person would be killed. Although the offender played a lesser role than Mr Utz and the plan required Mr Elliot to be alive, the planned extortion, extreme firepower, firing in Mr Elliot's direction and the fatal consequences made the objective criminality very grave. Taking into account subjective matters, remorse, custody conditions, the guilty plea and assistance to authorities, a determinate sentence of 19 years and 6 months with a...

Jurisdiction
Australia
Judgment Date
30 November 2007
Procedural Posture
Criminal Sentence for Murder / Sentence After Plea of Guilty
Outcome
The offender was sentenced to imprisonment for 19 years and 6 months with a non-parole period of 14 years and 6 months.
Legal Topics
['murder' 'extortion' 'kidnapping Plan' 'assault Rifles' 'joint Criminal Enterprise' 'felony Murder' 'assistance to Authorities' 'guilty Plea' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'extortion' 'kidnapping Plan' 'assault Rifles' 'joint Criminal Enterprise' 'felony Murder' 'assistance to Authorities' 'guilty Plea' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Murder / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's role in the murder of Victor Elliot during a planned kidnapping and extortion." 'Whether the offender should be sentenced on his account that Mr Utz performed the more serious conduct and fired the fatal shots.' "How the offender's plea of guilty and past and promised assistance to authorities should affect the sentence." 'Whether the planned extortion, use of firearms, objective gravity, remorse, character, custody conditions and prospects of rehabilitation affected the appropriate sentence.']

Ratio Decidendi

The offender participated for financial gain in a carefully planned kidnapping and extortion while heavily armed with an AK47 and substantial ammunition, and he contemplated at least the significant possibility, indeed likelihood, that Mr Elliot or another person would be killed. Although the offender played a lesser role than Mr Utz and the plan required Mr Elliot to be alive, the planned extortion, extreme firepower, firing in Mr Elliot's direction and the fatal consequences made the objective criminality very grave. Taking into account subjective matters, remorse, custody conditions, the guilty plea and assistance to authorities, a determinate sentence of 19 years and 6 months with a...

Court Disposition

The offender was sentenced to imprisonment for 19 years and 6 months with a non-parole period of 14 years and 6 months.

Orders

  • ['Michael Anthony Grupe is sentenced to imprisonment for 19 years and 6 months with a non-parole period of 14 years and 6 months.' 'The sentence commenced on 30 May 2005.' 'The non-parole period will expire on 29 November 2019, on which date the offender is eligible to be released to parole.']