R v Manevski (No 2) [2016] NSWSC 1465

R v Manevski (No 2) [2016] NSWSC 1465

The offender, with knowledge that her partner had just committed a murder, undertook multiple acts with the intention of assisting him avoid justice, including washing and hiding the murder weapon and telling lies to police. The seriousness of the offence and the nature of the assistance warranted a substantial sentence. The offender’s youth, lack of criminal record, psychological difficulties, and need for rehabilitation mitigated the sentence, as did the accepted utilitarian discount. Special circumstances justified a higher ratio of parole.

Parties
Prosecutor: Regina; Offender: Rachel Manevski
Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to full-time imprisonment.
Legal Topics
Remarks on Sentence, Accessory After the Fact to Murder, Sentencing, Mitigation, Aggravating Features, Utilitarian Discount
Criminal Law Remarks on Sentence Accessory After the Fact to Murder Sentencing Mitigation Aggravating Features Utilitarian Discount

Case Brief

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Parties

Regina

Prosecutor

Rachel Manevski

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 At what point did the offender, Rachel Manevski, become aware that a murder had been committed?
  2. 2 What is the appropriate sentence for being an accessory after the fact to murder in light of the offender's knowledge, actions, and subjective circumstances?
  3. 3 Is the offender entitled to a utilitarian discount for her offers to plead guilty despite ultimately denying guilt on oath?

Ratio Decidendi

The offender, with knowledge that her partner had just committed a murder, undertook multiple acts with the intention of assisting him avoid justice, including washing and hiding the murder weapon and telling lies to police. The seriousness of the offence and the nature of the assistance warranted a substantial sentence. The offender’s youth, lack of criminal record, psychological difficulties, and need for rehabilitation mitigated the sentence, as did the accepted utilitarian discount. Special circumstances justified a higher ratio of parole.

Court Disposition

Convicted and sentenced to full-time imprisonment.

Orders

  • Head sentence of imprisonment for 4 years and 6 months commencing 13 February 2014 and expiring 12 August 2018.
  • Non-parole period of 3 years commencing 13 February 2014.