R v Rafael RODRIGUEZ [2012] NSWSC 663

R v Rafael RODRIGUEZ [2012] NSWSC 663

The appropriate sentence for Rafael Rodriguez’s offence of accessory after the fact to manslaughter is 2 years imprisonment, suspended for 2 years, due to mitigating circumstances including age, character, and the specific facts of the offence.

Parties
Crown: Regina; Offender: Rafael Rodriguez
Jurisdiction
Australia
Judgment Date
15 June 2012
Procedural Posture
Criminal / Sentence
Outcome
2 year suspended sentence
Legal Topics
Accessory After the Fact, Manslaughter, Sentencing, Disposal of Evidence
Criminal Law Accessory After the Fact Manslaughter Sentencing Disposal of Evidence

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Parties

Regina

Crown

Rafael Rodriguez

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for an accessory after the fact to manslaughter involving disposal of evidence by a parent of the principal offender?

Ratio Decidendi

The appropriate sentence for Rafael Rodriguez’s offence of accessory after the fact to manslaughter is 2 years imprisonment, suspended for 2 years, due to mitigating circumstances including age, character, and the specific facts of the offence.

Court Disposition

2 year suspended sentence

Orders

  • Imprisonment for 2 years, execution suspended for 2 years
  • Release on condition to enter into a bond to be of good behaviour for 2 years