R v Woods; R v Hayes; R v McLachlan; R v Harding; R v Farnsworth (No 2) [2024] NSWSC 545

R v Woods; R v Hayes; R v McLachlan; R v Harding; R v Farnsworth (No 2) [2024] NSWSC 545

The offenders are sentenced for murder on the basis of participation in a joint criminal enterprise to shoot the deceased with an intention to inflict grievous bodily harm. Their motivation—fear and desire to end intimidation and violence by the Bandidos—reduces the objective seriousness. Woods and Hayes played primary, organising roles; McLachlan, Harding and Farnsworth acted as subordinate minions. Subjective factors including deprivation, mental health history, hardship in custody, and prospects of rehabilitation operate to reduce moral culpability. Special circumstances exist for each offender, warranting a variation of the statutory parole ratio.

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Criminal / Sentence After Jury Verdict
Outcome
Offenders convicted and sentenced for murder.
Legal Topics
['murder' 'sentencing' 'joint Criminal Enterprise' 'objective Seriousness' 'parity' 'special Circumstances']
['criminal Law'] ['murder' 'sentencing' 'joint Criminal Enterprise' 'objective Seriousness' 'parity' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentence After Jury Verdict

Legal Issues

  1. 1 ['Appropriate basis of liability—joint criminal enterprise or extended joint criminal enterprise' 'Identification of shooters and principal offenders' "Effect of offenders' motivation on objective seriousness" 'Assessment of roles' 'Determination of moral culpability and objective gravity' 'Application and weight of aggravating and mitigating factors' 'Application of parity principle' 'Existence and effect of special circumstances']

Ratio Decidendi

The offenders are sentenced for murder on the basis of participation in a joint criminal enterprise to shoot the deceased with an intention to inflict grievous bodily harm. Their motivation—fear and desire to end intimidation and violence by the Bandidos—reduces the objective seriousness. Woods and Hayes played primary, organising roles; McLachlan, Harding and Farnsworth acted as subordinate minions. Subjective factors including deprivation, mental health history, hardship in custody, and prospects of rehabilitation operate to reduce moral culpability. Special circumstances exist for each offender, warranting a variation of the statutory parole ratio.

Court Disposition

Offenders convicted and sentenced for murder.

Orders

  • ['Phillip Woods: 28 years imprisonment (non-parole period 17 years 6 months), parole eligibility 21 March 2038.' 'Brenton Hayes: 20 years 3 months imprisonment (non-parole period 13 years 2 months), parole eligibility 1 November 2033. Combined 25% discount.' 'Brendan McLachlan: 23 years imprisonment (non-parole...