R v Rogerson; R v McNamara (No 57) [2016] NSWSC 1207

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 57) [2016] NSWSC 1207 Hearing dates: 25 August 2016 Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Common Law Before: Bellew J Decision: 1. In respect of the offence of supplying a prohibited drug, the offender Glen Patrick McNamara is sentenced to a non-parole period of 9 years imprisonment commencing on 25 May 2014 and concluding on 24 May 2023, with an additional term of 3 years imprisonment commencing on 25 May 2023 and expiring on 24 May 2026. 2. In respect of the offence of the murder of Jamie Gao, the offender Glen Patrick McNamara is sentenced to life imprisonment commencing on 25 May 2014. 3. In respect of the offence of supplying a prohibited drug, the offender Roger Caleb Rogerson is sentenced to a non-parole period of 9 years imprisonment commencing on 27 May 2014 and concluding on 26 May 2023, with an additional term of 3 years imprisonment commencing on 27 May 2023 and expiring on 26 May 2026. 4. In respect of the offence of the murder of Jamie Gao, the offender Roger Caleb Rogerson is sentenced to life imprisonment commencing on 27 May 2014. Catchwords: CRIMINAL LAW – Sentence – Murder – Supplying prohibited drug in an amount not less than the large commercial quantity – Verdicts of guilty by a jury following trial – Where offenders were former police officers – Where Crown case was based on a joint criminal enterprise to kill the deceased and steal a quantity of drugs from him – Extensive planning by the offenders leading up to the death of the deceased – Where such planning included the acquisition of a motor vehicle which was not traceable and the availability of a boat which could be used to dispose of the deceased's body at sea – No factors to distinguish the roles played by each offender – No factors mitigating the offending