R v Safetli [2013] NSWSC 1096

Supreme Court New South Wales

Medium Neutral Citation: R v Safetli [2013] NSWSC 1096 Hearing dates: 5 July 2013, 1 August 2013 Decision date: 09 August 2013 Jurisdiction: Common Law - Criminal Before: Latham J Decision: Convicted on the charge of intimidation pursuant to the s 166 certificate. Sentenced to a fixed term of 6 months, to date from 13 October 2010, expiring 12 April 2011.

Convicted of the murder of Michael McGurk. Sentenced to a non-parole period of 6 years and 6 months to date from 13 April 2011, expiring 12 October 2017. The balance of term expires 12 April 2020. Eligible for release on 13 October 2017. Catchwords: SENTENCE - guilty pleas - offence of murder - offence of intimidation - maximum discount for utilitarian value of pleas of guilty - execution style murder for payment - top of the range of objective seriousness for intimidation offence - offender's past and future assistance to police of a very high order - offender not entitled to an Ellis discount - no finding of special circumstances on basis of offender's subjective circumstances - finding of special circumstances on basis that accumulation of sentence for murder upon sentence for intimidation offence results in an aggregate non-parole period that is disproportionate to aggregate term Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Criminal Procedure Act 1986 Cases Cited: Lewins v R [2007] NSWCCA 189 R v Ellis (1986) 6 NSWLR 603 R v King (1998) 99 A Crim R 288 Category: Sentence Parties: Regina - (Crown) Offender - (Haissam Safetli) Representation: Counsel J Pickering SC - (Crown) M Thangaraj - (Offender)