R v AC (No 7) [2016] NSWSC 404

Supreme Court New South Wales

Medium Neutral Citation: R v AC (No 7) [2016] NSWSC 404 Hearing dates: 3, 8 and 29 March, 1 April 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Sentenced to a total effective sentence of 9½ years with a non-parole period of 6 ½ years. The formal orders were as follows: 1 For the offence of being an accessory before the fact to discharging a firearm with intent to cause grievous bodily harm (Count 2) you are sentenced to a non-parole period of 3 years commencing 20 February 2016 and expiring on 19 February 2019. There will be a balance of term of 1½ years expiring on 19 August 2020. 2 For the offence of being an accessory before the fact to murder (Count 1), and taking into account the offence of participating in a criminal group (Form 1), you are sentenced to a non-parole period of 5 years commencing on 20 August 2017 and expiring on 19 August 2022. There will be a balance of term of 3 years commencing 20 August 2022 and expiring on 19 August 2025. 3 You will be eligible for release to parole at the expiration of the non-parole period on count 1.. Catchwords: CRIMINAL LAW – SENTENCE – Brothers for Life – gangland violence – turf war – accessory before the fact to murder – accessory before the fact to shoot with intent – participation in a criminal group – "Little Crazy" – callous – carefully planned – execution of rival gang member – principal offence committed in the home of a relative of the victim – disregard for public safety – whether offender acting under duress – whether letters to co-offenders inconsistent with duress – sickly sweet – ;) – assistance to authorities – belated plea of guilty and offer of assistance – assessment of appropriate discount – future assistance of very high value – diminishing return – parity with co-offenders – comparison with "indicative" sentences that formed part of a aggregate sentence Legislation Cited: Crimes Act 1900 (NSW) Crime Commission Act 2012 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Aoun v R [2007] NSWCCA 292 Bugmy v The Queen [1990] HCA 18; 169 CLR 525 C v DPP (NSW) [2015] NSWSC 747 Devaney v R [2012] NSWCCA 285 Ghamraoui v R [2009] NSWCCA 111 Kanaan & Ors v R [2006] NSWCCA 109 R v AC (No 3) (Detention application) [2016] NSWSC 209 R v AC (No 4) (Bail Refused) [2016] NSWSC 354 R v Cartwright (1989) 17 NSWLR 243 R v DW [2012] NSWCCA 55 R v Eastaway (unreported, NSWCCA 19 May 1992) R v Hines (No 3) [2014] NSWSC 1273 R v Lenati [2008] NSWCCA 67 R v Moffitt (1990) 20 NSWLR 114 R v NK (No 3) [2015] NSWSC 125 R v Qaumi (No 2) [2015] NSWSC 1715 R v Qaumi & Ors (No 3) (Severance and Separate Trials) [2016] NSWSC 15 R v Sullivan [2004] NSWCCA 99 R v Sumpton (No. 4) [2015] NSWSC 684 R v Thompson & Houlten [2000] NSWCCAA 309; 49 NSWLR 383. Ryan v The Queen [2001] HCA 21; 206 CLR 267 Category: Sentence Parties: AC (Offender) Regina (Crown) Representation: Counsel: K McKay & P Hogan (Crown) H Dhanji SC (Offender)