R v Harpreet Bhullar [2012] NSWSC 93

Supreme Court New South Wales

Medium Neutral Citation: R v Harpreet Bhullar [2012] NSWSC 93 Hearing dates: 20 February 2012 Decision date: 21 February 2012 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: 1. Sentence the offender to a term of imprisonment of 2 years and 25 days. 2. That sentence will be taken to have commenced on 28 January 2010 and to have expired today. 3. The offender is to be released immediately. Catchwords: CRIMINAL LAW - sentencing - accessory after the fact to murder - offender in fear of her safety from violent co-offender - period in custody served on remand - sentenced to term of imprisonment equating to time served Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Cowen [2008] NSWSC 104. R v Dileski [2002] NSWCCA 345 (2002) 132 A Crim R 408 R v Fennell [2011] NSWSC 489 R v Jin [2011] NSWSC 169 Category: Sentence Parties: Crown Harpreet Kaur Bhullar (Offender) Representation: P Cattini (Crown) D Yehia SC (Offender) Solicitor for Public Prosecutions (Crown) Legal Aid (Offender) File Number(s): 2010/25086 Publication restriction: Yes

remarks on sentence 1HIS HONOUR: On 20 February 2012 the offender Harpreet Kaur Bhullar pleaded guilty before me to one count of accessory after the fact to the murder of Ranjodh Singh, contrary to s 349 of the Crimes Act 1900. The Crown accepted that plea in full discharge of all counts on the indictment, which included a charge that on 29 December 2009 the offender did murder the deceased. Upon the basis of the agreed facts and other evidence not the subject of contest, including an induced statement from the offender, the following facts are accepted for sentencing purposes. 2The deceased was residing in one-bedroom boarding house accommodation with Harpreet Singh in Wagga Wagga. Both the deceased and Harpreet Singh used to live and work in Griffith but Harpreet Singh left Griffith around October or November 2009 due to issues involving considerable amounts of money that Harpreet Singh owed to workers whom he had contracted to work as farm hands on local farms in the Griffith area. The deceased moved to Wagga Wagga in early December that year because he could not find work in Griffith. 3Harpreet Singh also owed money to the deceased for work that the deceased had performed for him. Harpreet Singh would deal with farmers who required workers to harvest their crops. Harpreet Singh would then engage others to perform this work. One farmer named Russell Vardanega had also engaged Harpreet Singh who had in turn engaged the deceased, among others, to work on his farm. Mr Vardanega had refused to pay Harpreet Singh due to some damage occasioned to his property and so the deceased was also not paid. 4Gurpreet Singh and the offender were living in a de facto relationship and residing at premises in Kookora Street, Griffith. Harpreet Singh knew Gurpreet Singh and the offender, as he was responsible for finding them work in the Griffith area. The deceased lived with Gurpreet Singh and the offender for a short time in 2009. 5On Sunday 27 December 2009, Harpreet Singh, the offender, Gurpreet Singh and the deceased were in Wagga Wagga, planning to return to Griffith the following day. The deceased purchased a gift for the offender, which was handed to her in the presence of Gurpreet Singh and Harpreet Singh. Later that day Harpreet Singh, Gurpreet Singh, the offender and the deceased travelled back to Griffith in a red 1995 Ford Falcon sedan, which was registered in the name of the offender. 6For Monday 28 December 2009, Harpreet Singh had planned a party in order to celebrate his birthday. This took place that night at the offender's premises in Kookora Street, Griffith. Everyone at the party was drinking alcohol with the exception of the offender. Other friends were also there. 7At approximately 12.30am on 29 December 2009 the deceased left the premises and did not return. When the offender gave an induced statement to police, she originally indicated that the deceased did not leave the premises. She also stated that Harpreet Singh had told her and others to tell the police that the deceased had left and not to say that the deceased and Harpreet Singh had had a fight at the party. 8At about 2.45am on Tuesday 29 December 2009 a witness saw the offender's vehicle near the intersection of the Wilga Road and Main Road 80 at Willbriggie. This is a rural area in a 100km/h zone but the vehicle was travelling slowly, which the witness described as unusual. He could see that the vehicle contained three people, with one person seated in the rear on the passenger's side. This sighting apparently occurred after the murder of the deceased. 9About five minutes later another witness travelling along the Wilga Road, approximately eight kilometres from the intersection with Main Road 80, saw three small spot fires not more than 30cm high and 15cm wide. At 3.18am the offender's vehicle entered the Yambil Street Carwash in Griffith. Harpreet Singh alighted from the rear passenger seat of the car whilst Gurpreet Singh alighted from the front passenger seat. The offender was driving. She opened her door but did not get out. Harpreet Singh washed the car. They all left a short time later. 10At 9.10am on Tuesday 29 December 2009 the body of the deceased was discovered on the north side of the Wilga Road approximately eight kilometres from the intersection with Main Road 80. He was wearing only a white T-shirt, he wore no shoes and his hands and feet had been bound. He was burnt beyond recognition. It would appear that his throat had been cut and he had been stabbed as well. 11Between 4.00am and 5.00am Gurpreet Singh contacted the offender's employer and advised him that she was unable to attend work because they had all been to a party that night and she was too tired to work. Later that morning Harpreet Singh travelled by bus to Wagga Wagga. At 1.50pm on 29 December 2009 Gurpreet Singh and the offender drove her car back to the carwash where they thoroughly cleaned the boot and vacuumed the inside of the car. They wiped around the boot seals as well. This took about 18 minutes to complete. 12At about 3.00pm Gurpreet Singh drove the offender's vehicle to Pat's Tyres in Griffith where he sought to purchase four new tyres for the car. Despite advice from the proprietor that new tyres were not needed, Gurpreet Singh insisted that they be changed. 13At about midnight on 29 December 2009 Gurpreet Singh and the offender attended the residence of the deceased's aunt in Griffith and advised her that the deceased left their residence around midnight and that they had not seen him since. The next morning Gurpreet Singh travelled to Sydney. 14A description of some distinctive jewellery located on the deceased was released to the public. On 31 December 2009 the deceased's aunt attended the Griffith police station to report her nephew missing. He was later identified as the deceased. 15Police took statements from Harpreet Singh, Gurpreet Singh and the offender. Inconsistencies emerged from these statements. Other information concerning movements of the offender's vehicle was received. On the morning of 4 January 2010, Gurpreet Singh and the offender purchased a one way ticket to Sydney. In Sydney they both purchased one way tickets to Nepal on Thai Airlines Flight TG 452. They passed through customs but were arrested and removed from the plane. They were later released but rearrested on 28 January 2010. Numerous statements were taken from members of the Griffith Indian community indicating that Harpreet Singh operated as a standover man and had a reputation for violent and intimidating behaviour relating to workers operating in the agricultural labour market in the local Griffith area.