R v Sales [2020] NSWSC 1183

R v Sales [2020] NSWSC 1183

Given the extreme objective seriousness, planning, and gravity of both murder and solicitation to murder, the sentences must be lengthy and must be accumulated over existing sentences to reflect totality and ensure denunciation and protection of the community. Appropriate discounts are applied for guilty plea and assistance (murder: 40% discount, solicit to murder: 25%), sentences are structured to acknowledge special circumstances and the offender’s age, but must maintain an effective head sentence commensurate with the totality of criminality.

Jurisdiction
Australia
Judgment Date
02 September 2020
Procedural Posture
Criminal Sentencing / Sentencing Judgment
Outcome
Offender sentenced to terms of imprisonment for murder and for solicit to murder, to be served cumulatively with existing sentences.
Legal Topics
['sentencing' 'murder' 'solicit to Murder' 'concurrent and Cumulative Sentences' 'totality Principle' 'domestic Violence' 'discount for Guilty Plea' 'voluntary Disclosure' 'special Circumstances']
['criminal Law'] ['sentencing' 'murder' 'solicit to Murder' 'concurrent and Cumulative Sentences' 'totality Principle' 'domestic Violence' 'discount for Guilty Plea' 'voluntary Disclosure' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentencing Judgment

Legal Issues

  1. 1 ['Appropriate sentence for murder committed in 1995' 'Appropriate sentence for soliciting to murder involving separate victim' 'Assessment of concurrency and accumulation relative to existing sentences' 'Application of statutory and common law sentencing principles' 'Application of discount for guilty plea and voluntary disclosure']

Ratio Decidendi

Given the extreme objective seriousness, planning, and gravity of both murder and solicitation to murder, the sentences must be lengthy and must be accumulated over existing sentences to reflect totality and ensure denunciation and protection of the community. Appropriate discounts are applied for guilty plea and assistance (murder: 40% discount, solicit to murder: 25%), sentences are structured to acknowledge special circumstances and the offender’s age, but must maintain an effective head sentence commensurate with the totality of criminality.

Court Disposition

Offender sentenced to terms of imprisonment for murder and for solicit to murder, to be served cumulatively with existing sentences.

Orders

  • ['For murder: non-parole period of 8 years and 6 months with an additional term of 6 years and 6 months, commencing 14 May 2044.' 'For solicit to murder: term of imprisonment comprising a non-parole period of 7 years and 2 months with an additional term of 4 years and 10 months, commencing 14 May 2041.' 'Head...