R v Jade Carly FENNELL [2011] NSWSC 489

R v Jade Carly FENNELL [2011] NSWSC 489

A full-time custodial sentence was imposed on Ms Fennell for being an accessory after the fact to murder given the seriousness of the offence, particularly her assistance in disposing of the body and harbouring the offender, but a significant combined discount was applied for her plea of guilty and exceptional assistance in the investigation and prosecution, as well as her prospects for rehabilitation and lack of previous convictions. Special circumstances warrant a longer parole period for supervision and recommendation for participation in the Mothers and Children's Program.

Jurisdiction
Australia
Judgment Date
26 May 2011
Procedural Posture
Sentence / Sentencing After Plea of Guilty
Outcome
Offender convicted; sentenced to 2 years' imprisonment with a non-parole period of 12 months.
Legal Topics
['sentencing' 'accessory After the Fact' 'assistance to Authorities' 'mitigation and Aggravation']
['criminal Law'] ['sentencing' 'accessory After the Fact' 'assistance to Authorities' 'mitigation and Aggravation']

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Procedural Posture

Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What is the appropriate sentence for an offender convicted of being an accessory after the fact to murder, considering her assistance to authorities, subjective factors, and objective seriousness of the offence?']

Ratio Decidendi

A full-time custodial sentence was imposed on Ms Fennell for being an accessory after the fact to murder given the seriousness of the offence, particularly her assistance in disposing of the body and harbouring the offender, but a significant combined discount was applied for her plea of guilty and exceptional assistance in the investigation and prosecution, as well as her prospects for rehabilitation and lack of previous convictions. Special circumstances warrant a longer parole period for supervision and recommendation for participation in the Mothers and Children's Program.

Court Disposition

Offender convicted; sentenced to 2 years' imprisonment with a non-parole period of 12 months.

Orders

  • ["Sentenced to a non-parole period of 12 months' imprisonment, commencing 30 March 2011 and concluding 29 March 2012, with a balance of term of a further 12 months' imprisonment, concluding 29 March 2013." 'Pursuant to s 50 of the Crimes (Sentencing Procedure) Act 1999, to be released on parole no later than 29...