R v Michael Peter Christiansen [2011] NSWSC 840
The offender's commission of murder in furtherance of a criminal contract, involving a high degree of premeditation and moral culpability, combined with serious drug and firearms offences, required an aggregate sentence that reflected the gravity of the offences and allowed appropriate discounts for late pleas and qualified assistance, resulting in the sentences imposed.
- Jurisdiction
- Australia
- Judgment Date
- 29 July 2011
- Procedural Posture
- Criminal / Sentence
- Outcome
- Sentences imposed on four counts with accumulation; drugs to be destroyed except for the 2985.5g methylamphetamine; back up drug charges dismissed; eligibility for release on 16 June 2026.
- Legal Topics
- ['murder' 'sentencing' 'drug Trafficking' 'plea of Guilty' 'firearm Offence' 'supply Prohibited Drug']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentence
Legal Issues
- 1 ['Appropriateness of sentence for murder and related drug and firearm offences' 'Consideration of subjective/objective gravity in sentencing for contract-like killing' 'Extent of discounts for guilty pleas and assistance to authorities' 'Effect of amendment of indictment to correct Law Part Code' 'Whether circumstances amount to a true contract killing']
Ratio Decidendi
The offender's commission of murder in furtherance of a criminal contract, involving a high degree of premeditation and moral culpability, combined with serious drug and firearms offences, required an aggregate sentence that reflected the gravity of the offences and allowed appropriate discounts for late pleas and qualified assistance, resulting in the sentences imposed.
Court Disposition
Sentences imposed on four counts with accumulation; drugs to be destroyed except for the 2985.5g methylamphetamine; back up drug charges dismissed; eligibility for release on 16 June 2026.
Orders
- ['On count 1 (murder): non parole period 15 years 3 months from 16 March 2011 to 15 June 2026, balance of term 5 years 9 months to 15 March 2032.' 'On count 2 (firearm): fixed term 1 year 8 months from 16 December 2008 to 15 August 2010.' 'On count 3 (supply methylamphetamine): non parole period 5 years from 16...
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