R v Postlewaight [2010] NSWSC 1272

R v Postlewaight [2010] NSWSC 1272

The offender willingly and unhesitatingly provided and skippered a vessel to dispose of the body of the deceased at sea, amounting to serious conduct within the range contemplated by accessory after the fact to murder. No significant mitigating factors reduced the objective seriousness. The principle of totality and partial accumulation of sentences was applied, accounting for time served on parole and guilty plea discount. Offending in both counts was distinct and required recognition in structure of sentences.

Parties
Prosecution: The Crown; Offender: Jeremy George Postlewaight
Jurisdiction
Australia
Judgment Date
05 November 2010
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Accessory After the Fact to Murder, Assisting to Dispose of Body, Aggravated Break Enter and Steal, Guilty Plea
Criminal Law Accessory After the Fact to Murder Assisting to Dispose of Body Aggravated Break Enter and Steal Guilty Plea

Case Brief

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Parties

The Crown

Prosecution

Jeremy George Postlewaight

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for accessory after the fact to murder
  2. 2 Appropriate sentence for aggravated break, enter and steal
  3. 3 Application of totality and proportionality principles in sentencing co-offenders

Ratio Decidendi

The offender willingly and unhesitatingly provided and skippered a vessel to dispose of the body of the deceased at sea, amounting to serious conduct within the range contemplated by accessory after the fact to murder. No significant mitigating factors reduced the objective seriousness. The principle of totality and partial accumulation of sentences was applied, accounting for time served on parole and guilty plea discount. Offending in both counts was distinct and required recognition in structure of sentences.

Court Disposition

convicted and sentenced

Orders

  • For second count (aggravated break, enter and steal), fixed term of 18 months imprisonment commencing 7 October 2009.
  • For first count (accessory after the fact to murder), non-parole period of 6 years and 6 months commencing 7 October 2010 to expire 6 April 2017, balance of term of 2 years to expire 6 April 2019.