R v Wran [2016] NSWSC 1015

Supreme Court New South Wales

Medium Neutral Citation: R v Wran [2016] NSWSC 1015 Hearing dates: 14 July 2016 Date of orders: 26 July 2016 Decision date: 26 July 2016 Before: Harrison J Decision: (1) For the offence of harbouring, maintaining and assisting Michael Lee, knowing that he did murder Daniel McNulty on 10 August 2014, sentence of imprisonment for a fixed term of 1 year commencing on 13 August 2014 and expiring on 12 August 2015.

(2) For the offence that on 10 August 2014, being in company with Michael Lee and Lloyd Edward Haines, did rob Brett Fitzgerald of $650, sentence of imprisonment for 4 years commencing on 13 August 2014 expiring on 12 August 2018 with a non-parole period of 2 years expiring on 12 August 2016 and a balance of term of 2 years expiring on 12 August 2018. Catchwords: CRIMINAL LAW – sentence – robbery in company –where offender part of a conditional agreement to rob – where not known that co-offenders were carrying weapons – where victim died from stab wounds – accessory after the fact to murder – where offender harboured principal for three days and failed to bring him to the attention of police – mental illnesses and significant drug addiction at the time of the offences – good prospects of rehabilitation – special circumstances – limited scope for general deterrence – genuine remorse – extra curial punishment – newspaper campaign – damaging headlines and articles exposing offender to psychological distress and unwanted attention from inmates and prison staff – harsh custodial conditions – where significant time spent in protective custody and solitary confinement –delay in bringing proceedings Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: AB v The Queen [1999] HCA 46; (1999) 198 CLR 111 DPP v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Einfeld v Regina [2010] NSWCCA 87; (2010) 200 A Crim R 1 Kenny v R [2010] NSWCCA 6 R v Foster (1995) A Crim R 517 R v Henry (1999) 46 NSWLR 346 R v Howard [2001] NSWCCA 309 R v Johnson [2014] NSWSC 1254 R v Patison [2003] NSWCCA 171; (2003) 143 A Crim R 118 R v Purtill [2012] NSWSC 566 R v Rose [2004] NSWCCA 326 R v Scowen [2007] NSWSC 792 R v Ward [2004] NSWSC 420 R v Wilhelm [2010] NSWSC 378 Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267 The Queen v De Simoni [1981] HCA 31; (1981) 147 CLR 383 at 392 Wilson v The Queen [1992] HCA 31; (1992) 174 CLR 313 Category: Sentence Parties: Regina (Crown) Harriet Langley Wran (Offender) Representation: Counsel: P McGrath SC (Crown) P Boulten SC with K Edwards (Offender)