R v Eleter [2002] NSWSC 1224

R v Eleter [2002] NSWSC 1224

Sentences must reflect the seriousness of offences committed, with reductions for early guilty pleas but limited mitigation for youth where general deterrence is strongly required; factual determinations are confined to agreed facts presented; possession and use of firearms in public violence significantly aggravate culpability; for youthful offenders, greater emphasis is to be placed on rehabilitation rather than deterrence; additional criminality reflected through aggregate or incremental sentences when dealing with associated offences on a Form 1.

Parties
Accused: Michael Eleter; Accused: Tony Eleter; Accused: George Eleter; Accused: Youssef Eleter; Accused: JO; Prosecution: The Crown
Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Criminal / Sentencing Judgment After Guilty Pleas
Outcome
Conviction; custodial sentences imposed for murder and affray; bond for perverting the course of justice; specific non-parole periods and periodic detention ordered.
Legal Topics
Sentencing, Murder, Armed Robbery, Affray, Perverting the Course of Justice, Youthful Offender, General Deterrence, Factors in Mitigation
Criminal Law Sentencing Murder Armed Robbery Affray Perverting the Course of Justice Youthful Offender General Deterrence +1 more

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Parties

Michael Eleter

Accused

Tony Eleter

Accused

George Eleter

Accused

Youssef Eleter

Accused

JO

Accused

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing Judgment After Guilty Pleas

Legal Issues

  1. 1 Appropriate sentences for murder, affray, and perverting the course of justice; consideration of youth, remorse, family influence, and deterrence in sentencing; relevance of agreed facts in sentencing determination; relevance of additional offences in sentencing via Form 1

Ratio Decidendi

Sentences must reflect the seriousness of offences committed, with reductions for early guilty pleas but limited mitigation for youth where general deterrence is strongly required; factual determinations are confined to agreed facts presented; possession and use of firearms in public violence significantly aggravate culpability; for youthful offenders, greater emphasis is to be placed on rehabilitation rather than deterrence; additional criminality reflected through aggregate or incremental sentences when dealing with associated offences on a Form 1.

Court Disposition

Conviction; custodial sentences imposed for murder and affray; bond for perverting the course of justice; specific non-parole periods and periodic detention ordered.

Orders

  • Michael Eleter: 18 years imprisonment for murder (including Form 1 aggravated armed robbery), non-parole period of 13.5 years, deemed to commence 1 Feb 2001, eligibility for parole 31 July 2014.
  • Youssef Eleter: 16 months imprisonment for affray, non-parole period of 12 months, deemed to commence 15 Oct 2002, parole eligibility 14 Oct 2003.