R v Robertson; R v Hopkinson [2021] NSWSC 861

R v Robertson; R v Hopkinson [2021] NSWSC 861

Both offenders, having pleaded guilty to the murder of Justin Tsang, were sentenced on the basis of their respective roles, youth, immaturity, and psychological factors. The Court differentiated between the principal (Mr Erdogan) and subordinate roles, finding Robertson's involvement to be above mid-range seriousness due to the brutality of the killing and his role in the clean-up, mitigated by youth, immaturity, and duress. Hopkinson's role, as an accomplice to the specially aggravated kidnapping foundational to the constructive murder, was assessed at mid-range, likewise mitigated by youth, depression, immaturity, and negative peer influence. Both received discounts for early guilty...

Parties
Prosecution: Regina; Offender: Joel Robertson; Offender: Christopher Hopkinson
Jurisdiction
Australia
Judgment Date
15 July 2021
Procedural Posture
Sentence / Judgment Following Guilty Pleas
Outcome
Robertson: Sentenced to 13 years and 2 months imprisonment (non-parole period 9 years). Hopkinson: Sentenced to 12 years and 9 months imprisonment (non-parole period 8 years 3 months).
Legal Topics
Sentencing, Murder, Constructive Murder, Joint Criminal Enterprise, Aggravated Kidnapping
Criminal Law Sentencing Murder Constructive Murder Joint Criminal Enterprise Aggravated Kidnapping

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Parties

Regina

Prosecution

Joel Robertson

Offender

Christopher Hopkinson

Offender

Procedural Posture

Sentence / Judgment Following Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for murder following guilty plea, considering youth, mental health, duress, and prospects of rehabilitation
  2. 2 Objective seriousness and culpability for murder—distinctions between principal and subordinate roles; application of standard non-parole period for juvenile victim
  3. 3 Effect of assistance to authorities and guilty plea on sentence

Ratio Decidendi

Both offenders, having pleaded guilty to the murder of Justin Tsang, were sentenced on the basis of their respective roles, youth, immaturity, and psychological factors. The Court differentiated between the principal (Mr Erdogan) and subordinate roles, finding Robertson's involvement to be above mid-range seriousness due to the brutality of the killing and his role in the clean-up, mitigated by youth, immaturity, and duress. Hopkinson's role, as an accomplice to the specially aggravated kidnapping foundational to the constructive murder, was assessed at mid-range, likewise mitigated by youth, depression, immaturity, and negative peer influence. Both received discounts for early guilty...

Court Disposition

Robertson: Sentenced to 13 years and 2 months imprisonment (non-parole period 9 years). Hopkinson: Sentenced to 12 years and 9 months imprisonment (non-parole period 8 years 3 months).

Orders

  • Robertson sentenced to imprisonment for 13 years and 2 months, commencing 27 March 2019 and expiring 26 May 2032, non-parole period 9 years, parole eligibility 26 March 2028.
  • Hopkinson sentenced to imprisonment for 12 years and 9 months, commencing 27 March 2019 and expiring 26 December 2031, non-parole period 8 years and 3 months, parole eligibility 26 June 2027.