Postlewaight v R [2011] NSWCCA 279

Postlewaight v R [2011] NSWCCA 279

The sentence for Count 1 was high but, having regard to the applicant's central and deliberate role in disposing of the murder victim's body at sea, his assistance to a contract killer, the offence being committed while on parole, and the relevant subjective matters, it was not so high as to demonstrate sentencing error or to warrant a lesser sentence. The sentencing judge did not err in applying totality or declining to find special circumstances, and was entitled to give some weight to the applicant's introduction of Tong to Christiansen as part of the applicant's criminal association with Christiansen when assessing objective seriousness.

Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['accessory After the Fact to Murder' 'break and Enter in Circumstances of Aggravation' 'manifest Excess' 'totality Principle' 'special Circumstances' 'objective Seriousness' 'parity and Proportionality']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'break and Enter in Circumstances of Aggravation' 'manifest Excess' 'totality Principle' 'special Circumstances' 'objective Seriousness' 'parity and Proportionality']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed on Count 1 and the total effective sentence were manifestly excessive.' 'Whether the sentencing judge erred in applying the totality principle, structuring the sentences, and failing to find special circumstances.' "Whether the sentencing judge erred by taking into account the applicant's introduction of Tong to Christiansen in assessing objective criminality." 'Whether a different, less severe sentence was warranted in law.']

Ratio Decidendi

The sentence for Count 1 was high but, having regard to the applicant's central and deliberate role in disposing of the murder victim's body at sea, his assistance to a contract killer, the offence being committed while on parole, and the relevant subjective matters, it was not so high as to demonstrate sentencing error or to warrant a lesser sentence. The sentencing judge did not err in applying totality or declining to find special circumstances, and was entitled to give some weight to the applicant's introduction of Tong to Christiansen as part of the applicant's criminal association with Christiansen when assessing objective seriousness.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']