R v Christopher Chafic Estephan [2014] NSWSC 450

Supreme Court New South Wales

Medium Neutral Citation: R v Christopher Chafic Estephan [2014] NSWSC 450 Hearing dates: 10 April 2014 Decision date: 30 April 2014 Before: Bellew J Decision: (i) In respect of each of counts 1, 2 and 3 the offender is convicted. (ii) In respect of count 2, being an offence contrary to s. 7A of the Firearms Act 1996, the offender is sentenced to a fixed term of imprisonment of 4 months commencing on 13 October 2010 and expiring 12 February 2011; (iii) In respect of count 3, being an offence contrary to s. 7A of the Firearms Act 1996, the offender is sentenced to a fixed term of 4 months imprisonment commencing on 13 October 2010 and expiring on 12 February 2011; (iv) In respect of count 1, being an offence contrary to ss. 18(1)(a) and 349(1) of the Crimes Act 1900, the offender is sentenced to a non-parole period of 4 years and 10 months imprisonment commencing on 13 December 2010 and expiring on 12 October 2015 with a balance of term of 1 year and 7 months imprisonment, commencing on 13 October 2015 and expiring on 12 May 2017, a total sentence of 6 years and 5 months imprisonment. (v) The offender will be eligible for parole on 12 October 2015 and his sentence will expire on 12 May 2017. Catchwords: CRIMINAL LAW - sentence - accessory after the fact - murder - nature of accessorial conduct - parity considerations Legislation Cited: Crimes Act 1900 (NSW) Criminal Case Conferencing Trial Act 2000 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Green v R; Quinn v R [2011] HCA 49 (2011) 244 CLR 462 R v Almirol [No. 2] [2007] NSWSC 323 R v Dib [2003] NSWCCA 117 R v Dileski [2002] NSWCCA 345 R v Farroukh (CCA) (NSW) 29 March 1996 unreported R v Fidow [2004] NSWCCA 172 R v Gattellari; R v Kaminic [2013] NSWSC 1097 R v Hinchcliff [2013] NSWCCA 327 R v Norman [2007] NSWSC 142 R v NP [2003] NSWCCA 195 R v PB [2008] NSWCCA 109; (2008) 184 A Crim R 552 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 R v Qutami [2001] NSWCCA 353 R v Safetli [2013] NSWSC 1096 R v Simpson (2001) 53 NSWLR 704 R v Standen [2011] NSWSC 1422 R v Quach [2002] NSWSC 1205 R v Walsh [2004] NSWSC Tiknius v R [2011] NSWCCA 215 Category: Principal judgment Parties: Crown - Regina Christopher Chafic Estephan - Offender Representation: Counsel: Ms S Harris (Solicitor) - Crown Mr G Farmer SC - Offender Solicitors: Director of Public Prosecutions (NSW) - Crown Elliot Lawyers - Offender File Number(s): 2010/339072 Publication restriction: Nil