R v Afu; R v Caleo (No 17) [2018] NSWSC 1127

R v Afu; R v Caleo (No 17) [2018] NSWSC 1127

Afu is sentenced for murder based on the high objective seriousness of a contract killing, his personal circumstances, and prevailing sentencing patterns in 1990. Caleo must be sentenced for soliciting to murder, not as an accessory before the fact, despite the victim's actual death, as sentencing is limited by the charge of conviction; sentencing reflects the seriousness of his actions and is imposed in accordance with historical sentencing patterns and De Simoni principle.

Jurisdiction
Australia
Judgment Date
26 July 2018
Procedural Posture
Criminal / Sentencing
Outcome
Both offenders convicted and sentenced to imprisonment.
Legal Topics
['murder' 'sentence' 'solicit to Murder' 'accessory Before the Fact' 'objective Seriousness' 'sentencing Patterns' 'de Simoni Principle']
['criminal Law'] ['murder' 'sentence' 'solicit to Murder' 'accessory Before the Fact' 'objective Seriousness' 'sentencing Patterns' 'de Simoni Principle']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentences for murder and soliciting to murder where both involve the actual killing of the victim' 'Whether sentencing for soliciting to murder can take account of the actual death of the victim' 'Assessment of objective seriousness of contract killing and solicitation' 'The need to sentence by reference to past sentencing practices prevailing at time of offence']

Ratio Decidendi

Afu is sentenced for murder based on the high objective seriousness of a contract killing, his personal circumstances, and prevailing sentencing patterns in 1990. Caleo must be sentenced for soliciting to murder, not as an accessory before the fact, despite the victim's actual death, as sentencing is limited by the charge of conviction; sentencing reflects the seriousness of his actions and is imposed in accordance with historical sentencing patterns and De Simoni principle.

Court Disposition

Both offenders convicted and sentenced to imprisonment.

Orders

  • ['Alani Afu: Imprisonment for 20 years with a non-parole period of 15 years, sentence to date from 29 January 2016.' 'Mark Richard Caleo: Imprisonment for 12 years with a non-parole period of 9 years, sentence to date from 14 June 2017.']