R v Hamalainen [2020] NSWSC 1705

Supreme Court New South Wales

Medium Neutral Citation: R v Hamalainen [2020] NSWSC 1705 Hearing dates: 9 November 2020 Date of orders: 2 December 2020 Decision date: 02 December 2020 Jurisdiction: Common Law Before: Davies J Decision: For the offence of recruiting persons to assist in carrying out criminal activity the offender is sentenced to a non-parole period of one year and four months commencing 24 November 2017 and expiring 23 March 2019 with a balance of term of six months expiring 23 September 2019. For the offence of being an accessory after the fact to murder the offender is sentenced to a non-parole period of one year and four months commencing 24 September 2018 and expiring 23 January 2020 with a balance of term of six months expiring 23 July 2020. The offender is immediately entitled to be released. Catchwords: CRIME - sentence – accessory after the fact to murder – recruiting persons to intimidate – plea of guilty to these offences when offender arraigned for murder – where offender organised for the deceased to be intimidated by recruiting the Mr McCloskey – where offender not present at the time of murder and did not foresee murder – where offender participated in the acquisition and ultimate destruction of the getaway vehicle after he learnt of the deceased's murder –where offender has a criminal history that is neither recent nor serious – reasonable prospects of rehabilitation – low risk of reoffending – where discount awarded for the plea – where no finding of special circumstances SENTENCING — sentencing procedure – victim impact statements – where offender charged with accessory after the fact to murder and recruitment to intimidate – where offences do not involve actual or threatened violence Legislation Cited: Crimes Act 1900 (NSW) ss 341A, 349, 351A Crimes (Domestic and Personal Violence) Act 2007 (NSW) s13 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 26, 27 Criminal Appeal Act 1912 (NSW) s 5F Cases Cited: Hamalainen v R [2019] NSWCCA 276 R v McCloskey (No 3) [2020] NSWSC 914 R v McCloskey (No 5) [2020] NSWSC 1087 TT v R [2014] NSWCCA 206 Texts Cited: Nil Category: Principal judgment Parties: Crown Sami Esko Hamalainen (Offender) Representation: Counsel: S Hughes (Crown) G Brady SC (Offender)