R v Norman; R v Olivieri [2007] NSWSC 142

New South Wales Supreme Court

CITATION : R v Norman; R v Olivieri [2007] NSWSC 142

HEARING DATE(S) : 10/11/06. (24/07/06-28/07/06;31/07/06-04/08/06; 07/08/06-10/08/06;15/08/06-18/08/06; 21/08/06-25/08/06; 28/08/06)

JUDGMENT DATE : 5 March 2007

JURISDICTION : Common Law Division

JUDGMENT OF : Hidden J at 1

DECISION : Sentence (offender Norman): On the charge of cheating and defrauding as a director imprisonment for 3 years, commencing 17 August 2004 and expiring 16 August 2007. No non-parole period set in respect of that sentence. On the charge of murder imprisonment for 35 years, comprising a non-parole period of 29 years, commencing 17 August 2006 and expiring 16 August 2035, and a balance of term of 6 years, commencing 17 August 2035 and expiring 16 August 2041. ; Sentence (offender Olivieri): On the charge of murder imprisonment for 33 years, comprising a non-parole period of 28 years, commencing 3 August 2004 and expiring 2 August 2032, and a balance of term of 5 years, commencing 3 August 2032 and expiring 2 August 2037.

CATCHWORDS : CRIMINAL LAW: - Sentence - murder - two offenders - accessory before the fact and principal - accessory before the fact also sentenced for cheating and defrauding as a director - murder premeditated - planned by accessory before the fact and for his benefit - carried out by principal - no significant reward - whether maximum sentence called for - substantial determinate sentence in each case

LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Harris (2000) 50 NSWLR 409 R v Chung [1999] NSWCCA 33 Aslett v R [2006] NSWCCA 360 R v Garforth (CCA, unreported 23 May 1994) CASES CITED : R v Fernando [1999] NSWCCA 66 R v Miles [2002] NSWCCA 276 R v Glasby (2000) 115 A Crim R 465 R v Kalajzich (1997) 94 A Crim R 41 R v Merritt (2004) 59 NSWLR 557