Husband and wife of Lebanese background - Close relative stabbed 19y daughter following her refusal to take part in arranged marriage - Assisted principal offender in removing incriminating evidence - Told their children to keep silent about the killing – Lied to police – Principal offender escaped to Lebanon and not brought to justice.
Prior good character – 6 children
Discussion as to sentences for accessory after fact to murder
Do
(20)
NSW CCA
7.5.1997
Accessory after fact murder
Receiving
PG
12m PD
Crown AD
Nil
Good friend involved in shooting of shop owner during armed robbery – Agreed to provide simple alibi – Held $1500 stolen money on behalf of friend for future legal costs (receiving charge) - Alibi not provided as friend confessed to police - Never intended to provide alibi.
Szkudelski
(40)
NSWSC [178]
12.3.1999
Barr J
Acc after fact to murder
PG
3y GBB
Record related to alcohol abuse
Victim bashed and strangled by Helmout brothers – offender assisted in disposing of body –acted out of fear – reported offence to police and provided assistance – danger of custodial sentence
R.A.F.
(14)
NSWSC [615]
Sully J
23.6.1999
Acc after fact to murder
PG
4y GBB
Female in relationship with primary offender (Bowhay) – both out of control – Victim bashed and stabbed in fight - left scene and travelled instate with primary offender
Evidence of rehabilitation – mother to young son
Waters
(20)
NSWSC [893]
Simpson J
27.8.1999
2 x Acc after fact to murder
PG
18m PD
(3m 6d PSC)
Minor
Present at time of killing of two females by Rose – assaulted second victim – provided minor assistance in leaving scene – failed to report offence over 2.5 years
Assistance - contrition
Leung
(19)
NSWSC [824]
Barr J
9.8.2000
Acc after fact to murder
PG
2y GBB
Attended service station with primary offender – after swearing at attendant walked outside – primary offender unexpectedly shot attendant– suffering mental illness – provided accommodation for 48 hours – acted out of fear
Student from Hong Kong – no family support at time of offence – immaturity – voluntarily surrendered – remorse - rehabilitation
Faulkner
NSWSC [944]
5.10.2000
Wood CJ at CL
2 x Acc after fact to murder
Sched:
4 drug and dishonesty off
PG
4y 4m
NPP 2y 8m
Nil
Victims killed by Naismith in retaliation for drug rip-off – stood guard over first body as instructed – assisted over several days in disposing of cars, bodies and weapons – element of fear – upper range of seriousness
Involved in drug dealing with primary offender
Phan
(18)
NSWSC [1069]
G. James J
22.11.2001
126 A Crim R 257
Acc after fact to murder
PG
2y, suspended
Deceased shot in car three times – present in car – lied to police and doctor in attempt to cover up
Undertaking to give evidence against co-offender – Vietnamese – PSC: 1 year 10 months
Quach
(22)
NSWSC [1205]
17.12.2002
Simpson J
Acc after fact to murder
PG
2y, suspended after 3m for 1y 9m
(10m PSC)
Nil
Female victim killed while sleeping with primary offender – offender assisted in disposing of body – disposal of body in upper range
Vietnamese - remorse
Dileski
(26)
(2002) 132 A Crim R 408
Accessory after fact murder
PG
5y
NPP 3y
AA
2y
NPP 1y
drugs, dishonesty. On bond.
Assisted friend who had murdered employer at factory - Cashed $850 cheque at bank drawn on victim’s account – Waited at factory while friend cashed further cheque – Told friend of victim that victim had already left factory.
Error in taking into account cashing of cheque as particular of offence.
Subsequent assistance to authorities - special circumstances in drug addiction
Galea
(42)
NSW SC [465]
Sully J
30.5.2003
Accessory after fact murder
VG
(third trial)
5y
NPP 2y 6m
(+ 2y PSC)
Assisted former de facto wife to dismember and dispose of male victim wife had shot dead
Prior good character
Gersteling
(15)
NSWSC [502]
Adams J
8.4.2004
Accessory after fact murder
PG
3y GBB
Nil
Saw 17y best friend shoot male stranger in street – picked up and hid gun in grass to protect shooter and ensure no further use – assisted police in locating weapon – spontaneous and emotional reaction
Strong evidence of remorse and contrition – aberration – good prospects of rehabilitation
Ward
(37)
NSWSC [420]
Hulme J
13.5.2004
Acc after fact to murder
PG
3y 6m
NPP 2y 6m
Nil
Female assisted male friend who had bashed and slit throat of female partner – Cleaned up blood – Told lies about whereabouts of victim - Stored implicating evidence at house – Hid male from police – Acted in fear
History of abusive relationships – Assistance – Hardship of Special Purpose Prison
Mirad
(28)
NSWSC [701]
6.8.2004
Co-offender:
YOUMARAN
(murder)
[2008] NSWSC 762
Acc after fact to murder
PG
2y 6m
NPP 1y 6m
Two previous offences of violence 8 and 9 years ago
Offender and 4 others went to hotel where deceased was at a birthday party – bad blood arising from previous altercation between the two groups – offender waited in car while others opened fire, then drove them away. Went to police station to turn self in. Substantial utilitarian discount for PG.
Almirol [No.2]
(38)
NSWSC [323]
Kirby J
13.4.2007
Acc after fact to murder
PG
4y 3m
NPP 3y 2m
Nil
Present when victim killed in house by close friend (Troico)– Assisted in cutting up body and removing to remote area – also assisted in cleaning up house – small man – intoxicated at time of offence – shocked and fearful for safety – felt obligation to close friend
Acquitted at trial of murder – from Philippines – remorse – good character
Scowen
(20)
NSWSC [792]
Grove J
20.7.2007
Acc after fact to murder
PG
15m 28d
NPP 11m 28d
Record
Female accompanied partner from crime scene into Queensland after fatal stabbing – offender and partner surrendered voluntarily to police two days later – assisted partner in delaying arrest – lower end of range of seriousness
AB
(21)
NSWSC [1517]
Berman AJ
12.12.2007
Acc after fact to murder
PG
2y 6m
NPP
1y 7m 18d
Driving offences
Drove two offenders from scene after witnessing fatal shooting – element of duress – aware shooter holding gun - short journey – lower range of objective gravity
Prior good character – assistance and protective custody – remorse - good prospects of rehabilitation.
Cowen
(32)
NSWSC [104]
Buddin J
22.2.2008
Acc after fact to murder
Conceal serious offence
PG
9mPD
18m GBB
Minor
Female failed to advise police of involvement of de facto in forcible detainment of two adults – failed to disclose possession of handbag belonging to female victim – bottom range of gravity - Acted out of loyalty to partner and emotional dependence
Unstable and sexually abusive childhood – alcohol dependency – good character – remorse – good prospects of rehabilitation
Wells
(29)
NSWSC [206]
Grove J
12.3.2008
Acc after fact to murder
PG
3y
NPP 18m
Nil
Female assisted male partner (Shepherd) conceal offence over two weeks – observed Shepherd choking female victim – immediately laid trail for false story – delayed calling ambulance – false statements to police –disposed of incriminating evidence – voluntarily assisted until seriously assaulted by Shepherd
Mother to young son – good prospects of rehabilitation
David
(21)
NSWSC [24]
Hidden J
6.2.2009
Co-offender:
AB
SHAMOUIL
Acc after the fact to murder
Common assault
PG
2y 6m
NPP 15m
(6m concurrent)
Drug offence committed after this offence
Arranged to meet victim at service station to discuss argument between V and S’s cousin – V fatally shot by S during argument – Driven from scene by AB – disposed of mobile phone and shooter’s clothes – arranged meeting knowing V to be forced to apologise by threats or intimidation – no violence anticipated
Assyrian - remorse
