R v Paul Michael OFFER [2002] NSWCCA 341

New South Wales Court of Criminal Appeal

CITATION : R v Paul Michael OFFER [2002] NSWCCA 341 FILE NUMBER(S) : CCA 60620/00 HEARING DATE(S) : 11 April 2002 JUDGMENT DATE : 20 August 2002

PARTIES : Regina Paul Michael OFFER JUDGMENT OF : Mason P at 1; Dowd J at 2; Buddin J at 59

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70096/98 LOWER COURT JUDICIAL Greg James J OFFICER :

K G Horler QC - Appellant COUNSEL : R A Hulme - Crown Macquarie Lawyers - Appellant SOLICITORS : S E O'Connor - Crown CATCHWORDS : Appeal against conviction - After guilty plea - Principles applicable - No factual basis R v Hura (2001) 121 A Crim R 472 CASES CITED: R v Meissner (1995) 184 CLR 132 R v Bayliss [2002] NSWCCA 11 DECISION : 1. That the appeal on conviction be dismissed; 2. That leave to appeal against sentence, be granted and; 3. That the sentence appeal be dismissed.

IN THE COURT OF CRIMINAL APPEAL 60620/00

MASON P DOWD J BUDDIN J

Thursday 15 AUGUST 2002 R v Paul Michael OFFER Judgment

1 MASON P: I agree with Dowd J. 2 DOWD J: This is an appeal against conviction and an application for leave to appeal against a sentence imposed on the appellant, who pleaded guilty to two offences, before Greg James J, asking that three further offences be taken into account. 3 On 25 August 2000, the Learned Sentencing Judge, sentenced the appellant to a ten year fixed term, commencing on 17 October 1997 on a charge of Cause Grievous Bodily Harm to Nagwa Gerges, at St Ives on 25 February 1997. He was further sentenced to thirty four years imprisonment, for the murder of Ronald Mills, at Allawah, with a non-parole period of twenty five years, the sentence to commence 27 October 1997, when he went into custody, the non-parole period commencing on that date and concluding on 16 October 2022. 4 In sentencing for murder His Honour took into account three offences, being: 1. An offence of Solicit to Murder, being the soliciting of Alan Seaton at Sydney in 1997, to murder Ronald Mills. 2. An Offence of Solicit to Murder, being the soliciting of Alan Seaton at Sydney in 1997, to murder Maher Nicola Gerges. 3. An Offence of Solicit to Murder, being the soliciting of Alan Seaton at Sydney in 1997, to murder Mark Chapman.