Regina v Georgiou & Harrison [2000] NSWSC 287

Regina v Georgiou & Harrison [2000] NSWSC 287

The Court found beyond reasonable doubt that both prisoners were present in the cellar, that the three deceased were intentionally shot and killed at close range by one or other prisoner, and that the attempted murder of Robin David was committed with intent to kill, all within a joint criminal enterprise. Although the crimes were extremely grave, callous and cold blooded, the evidence did not establish to the required standard a contract killing or other features placing the case in the worst category requiring life imprisonment. The proper sentence was a very lengthy concurrent structure reflecting parity, the single connected event, and the totality of three murders and one attempted...

Jurisdiction
Australia
Judgment Date
10 March 2000
Procedural Posture
Criminal Sentencing for Murder and Attempted Murder / Sentence After Jury Verdicts of Guilty
Outcome
Each prisoner was convicted of three counts of murder and one count of attempted murder and sentenced concurrently. Constantine Georgiou was also convicted of contempt of court.
Legal Topics
['murder' 'attempted Murder' 'joint Criminal Enterprise' 'totality Principle' 'life Imprisonment' 'victim Impact Statements' 'contempt of Court']
['criminal Law' 'sentencing'] ['murder' 'attempted Murder' 'joint Criminal Enterprise' 'totality Principle' 'life Imprisonment' 'victim Impact Statements' 'contempt of Court']

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 Attempted Murder / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['Whether the murders and attempted murder were committed as part of a joint criminal enterprise between the prisoners.' 'Whether the offences fell within the worst category warranting life imprisonment.' 'What sentences should be imposed for three murders and one attempted murder arising from a single event, having regard to totality and parity.' 'Whether Victim Impact Statements could be taken into account in determining punishment.' 'Whether Constantine Georgiou should be punished for contempt of court for refusing to answer questions.']

Ratio Decidendi

The Court found beyond reasonable doubt that both prisoners were present in the cellar, that the three deceased were intentionally shot and killed at close range by one or other prisoner, and that the attempted murder of Robin David was committed with intent to kill, all within a joint criminal enterprise. Although the crimes were extremely grave, callous and cold blooded, the evidence did not establish to the required standard a contract killing or other features placing the case in the worst category requiring life imprisonment. The proper sentence was a very lengthy concurrent structure reflecting parity, the single connected event, and the totality of three murders and one attempted...

Court Disposition

Each prisoner was convicted of three counts of murder and one count of attempted murder and sentenced concurrently. Constantine Georgiou was also convicted of contempt of court.

Orders

  • ['For the murder of Rick De Stoop, each prisoner was sentenced to a total term of 33 years comprising a minimum term of 28 years and an additional term of 5 years.' 'For the murder of Sasha Milenkovic, each prisoner was sentenced to a concurrent total term of 33 years comprising a minimum term of 28 years and an...