R v Lambroglou [2024] NSWSC 829

Supreme Court New South Wales

Medium Neutral Citation: R v Lambroglou [2024] NSWSC 829 Hearing dates: 6 June 2024 Date of orders: 9 July 2024 Decision date: 09 July 2024 Jurisdiction: Common Law - Criminal Before: Davies J Decision: The offender is sentenced to an aggregate sentence of imprisonment for 4 years 6 months commencing 8 October 2022 and expiring 7 April 2027 with a non-parole period of 3 years expiring 7 October 2025. The offences on the s 166 Certificate are dismissed. Catchwords: CRIME – sentence – three guilty pleas – accessory after the fact to murder, participate in a criminal group, proceeds of crime – where offender had known links to Comanchero Outlaw Motorcycle Gang (OMCG) – subject murder connected to ongoing feud between the OMCG and a family Organised Crime Network – two unknown shooters – offender responsible for affixing cloned number plates and positioning three getaway cars – murder unknown to him at the time – mid-range objective seriousness – offender later provided access to underground carpark to hide getaway car until it was subsequently removed and destroyed – by this time offender knew shooters had murdered the deceased – shooters not yet apprehended – low end of mid-range – over $500,000 found in offender's possession – offender was collecting and counting cash for OMCG – objective seriousness high in the mid-range – psychological report details childhood characterised by domestic and sexual violence – PTSD, persistent depressive disorder and various drug use disorder diagnoses – offender's account to the psychologist somewhat incomplete – limited criminal record – finding of remorse – good prospects of rehabilitation and low risk of reoffending – offender remained drug free in custody – general deterrence and retribution substantial considerations – special circumstances found given offender's pre-custody drug addiction – aggregate sentence imposed SENTENCING – plea of guilty – where offender offered to plead to accessory after the fact, participate in criminal group and proceeds of crime before committal – where Crown rejected and later accepted such an offer – complicated history given multiple changes to the indictment – offender entitled to 25% discount to accessory offence under s 25E(2) and (3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) – where criminal group charge was originally certified as an alternative to murder – appears on indictment ex-officio – exception in s 25D(3)(a) and (4) disentitles offender to 25% discount – facts and evidence establishing criminal group charge same as those contained in the brief of evidence – 10% discount – where three separate proceeds of crime offences totalling $561,450 were originally charged – no provision in Division 1A for where an offender offers to plead offer is rejected then accepted after committal – lacuna in Division 1A – inconsistent with EAPG system – offender entitled to 10% discount under s 25D(2)(b)(i) – pleas and agreed statement of facts otherwise demonstrate willingness to facilitate the course of justice Legislation Cited: Crimes Act 1900 (NSW) ss 18, 93T, 193C, 316, 349 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 22A, 25D, 25E Cases Cited: Ah Keni v R [2021] NSWCCA 263; (2021) 292 A Crim R 311 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Doudar v R [2021] NSWCCA 37 Doyle v R (2022) 108 NSWLR 1; [2022] NSWCCA 81 Dukagjini v R [2023] NSWCCA 210 LN v R [2020] NSWCCA 131 Paxton v R [2011] NSWCCA 242; (2011) 219 A Crim R 104 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v Hamalainen [2020] NSWSC 1705 R v Johnson [2014] NSWSC 1254 R v McCloskey (No 5) [2020] NSWSC 1087 R v Struik [2023] NSWSC 1548 R v Ward [2004] NSWSC 420 Shi v R [2014] NSWCCA 276; (2014) 246 A Crim R 273 TT v R [2014] NSWCCA 206 Yacoub v R [2021] NSWCCA 166 Texts Cited: Nil Category: Principal judgment Parties: Crown Vincent Bill Lambroglou (Offender) Representation: Counsel: C Taylor (Crown) P Lange (Offender)