R v Hagan [2019] NSWSC 128

R v Hagan [2019] NSWSC 128

The offender pleaded guilty to being an accessory after the fact to murder, admitted two key acts that assisted the principal offender, and received discounts for plea and undertakings to assist authorities. Despite subjective factors, the objective seriousness demanded a sentence of imprisonment, set at four years nine months with a non-parole period of three years, fully backdated.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence imposed
Legal Topics
['accessory After the Fact to Murder' 'sentencing' 'plea of Guilty' 'assistance to Authorities' 'objective Gravity' 'moral Culpability']
['criminal Law'] ['accessory After the Fact to Murder' 'sentencing' 'plea of Guilty' 'assistance to Authorities' 'objective Gravity' 'moral Culpability']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for being an accessory after the fact to murder' 'Consideration of plea of guilty and assistance to authorities in sentencing' 'Assessment of objective gravity and moral culpability']

Ratio Decidendi

The offender pleaded guilty to being an accessory after the fact to murder, admitted two key acts that assisted the principal offender, and received discounts for plea and undertakings to assist authorities. Despite subjective factors, the objective seriousness demanded a sentence of imprisonment, set at four years nine months with a non-parole period of three years, fully backdated.

Court Disposition

Conviction and sentence imposed

Orders

  • ['Convicted of being an accessory after the fact to murder.' 'Sentenced to a non-parole period of three years, commencing 7 November 2017 and expiring 6 November 2020.' 'Parole period of one year nine months, expiring 6 August 2022.' 'Head sentence of four years nine months, backdated to 7 November 2017.']