R v van KREVEL [2003] NSWSC 227

R v van KREVEL [2003] NSWSC 227

The offender was to be punished for soliciting Keith Schreiber to murder Jack van Krevel, not for the murder itself, because the Crown's acceptance of the plea to the alternative count abandoned any contention that she was responsible for the killing. The solicitation was serious because it was genuine, continuing, and made to a person whom she believed was likely to act on it, but the sentence was reduced for the early guilty plea and moderated by her background, mental condition and rehabilitation prospects.

Jurisdiction
Australia
Judgment Date
04 April 2003
Procedural Posture
Criminal Law Sentencing Soliciting to Murder / Sentence After Guilty Plea to Alternative Count
Outcome
The offender was sentenced to imprisonment for six years with a non-parole period of four years.
Legal Topics
['soliciting to Murder' 'guilty Plea' 'aggravating Factors' 'mitigation' 'non Parole Period']
['criminal Law' 'sentencing'] ['soliciting to Murder' 'guilty Plea' 'aggravating Factors' 'mitigation' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Law Sentencing Soliciting to Murder / Sentence After Guilty Plea to Alternative Count

Legal Issues

  1. 1 ['Whether the offender should be sentenced only for soliciting to murder rather than for murder or as an accessory to murder.' 'Whether the fact that the intended victim was killed could be taken into account as an aggravating factor.' 'Whether the offender should receive a reduced sentence because she offered to plead guilty to soliciting at the earliest possible occasion.' "Whether the offender's segregation in custody, mental condition and background mitigated sentence." 'What sentence and non-parole period were appropriate for the offence of soliciting to murder.']

Ratio Decidendi

The offender was to be punished for soliciting Keith Schreiber to murder Jack van Krevel, not for the murder itself, because the Crown's acceptance of the plea to the alternative count abandoned any contention that she was responsible for the killing. The solicitation was serious because it was genuine, continuing, and made to a person whom she believed was likely to act on it, but the sentence was reduced for the early guilty plea and moderated by her background, mental condition and rehabilitation prospects.

Court Disposition

The offender was sentenced to imprisonment for six years with a non-parole period of four years.

Orders

  • ['Belinda Jean van Krevel is sentenced to imprisonment for a period of six years commencing on 1 June 2001.' 'A non-parole period of four years is fixed, expiring on 31 May 2005.' 'The offender will become eligible for release on parole on 31 May 2005.']