R v HDR [2009] NSWSC 1323

New South Wales Supreme Court

CITATION : R v HDR [2009] NSWSC 1323

HEARING DATE(S) : 30 November 2009

JUDGMENT DATE : 4 December 2009

JUDGMENT OF : R A Hulme J

DECISION : Sentenced to a total term of imprisonment of 4 years 9 months with a non-parole period of 3 years

CATCHWORDS : CRIMINAL LAW - sentence - accessory after the fact to murder - aggravated break, enter and steal - obtain money by deception - drive whilst disqualified - Form 1: take and drive conveyance and firearm offences

Crimes Act 1900 Firearms Act 1996 LEGISLATION CITED : Road Transport (Driver Licensing) Act 1998 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986

CATEGORY : Principal judgment

R v Dileski [2002] NSWCCA 345 CASES CITED : R v Farroukh, Court of Criminal Appeal, 29 March 1996, unreported R v Strahan [2003] NSWCCA 397 R v Yates, Parry, Hyland, Powick [2002] NSWCCA 520

PARTIES : Regina HDR

FILE NUMBER(S) : SC 2009/7854

COUNSEL : Mr P Barnett SC (Crown) Mr M Higgins (Offender)

SOLICITORS : Solicitor for Public Prosecutions Burston Cole & Mulock Pty Limited

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

R A Hulme J

4 December 2009

2009/7854 Regina v HDR

JUDGMENT

1 HIS HONOUR: The offender, HDR, appeared before me on Monday of this week, having entered pleas of guilty on 4 September 2009 before Howie J to offences of being an accessory after the fact to murder (s 18 & 349 Crimes Act 1900)(count 2), aggravated break, enter and steal (s 112(2) Crimes Act)(count 3), and two of obtaining money by deception (s 178BA Crimes Act)(counts 4 and 5). (Count 1 on the indictment alleges that MR committed the crime of murder).