NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Zanker (No 2) [2017] NSWSC 1254 Hearing dates: 14 September 2017 Date of orders: 14 September 2017 Decision date: 14 September 2017 Jurisdiction: Common Law Before: Fagan J Decision: Sentenced for accessory before the fact to murder to a term of imprisonment of 12 years with a non-parole period of 6 years 8 months. Catchwords: SENTENCING – accessory before the fact to murder – offender participated in digging of grave for deceased in anticipation of murder – deceased hostile towards offender – offender assisted principal offenders on account of concern deceased would reveal cannabis farming enterprise – grave digging an important preparatory step constituting endorsement of planned murder – offender physically disabled with disadvantageous background – consideration of factors in Bugmy v The Queen. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Aoun v R [2007] NSWCCA 292 Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18 R v Bainbridge [1959] 3 All ER 200 R v Cameron; R v Forward; R v Wilkinson [2016] NSWSC 1342 R v Zanker [2016] NSWSC 1653 Stokes and Difford v R (1990) 51 A Crim R 25 Category: Sentence Parties: Regina (Crown) Shaun Steven Zanker (offender) Representation: Counsel: Mr Luigi Lungo (Crown) Mr Iain Todd (offender
Solicitors: Mr Eric Navea, Office of the Director of Public Prosecutions (Crown) Joanne Harris, Legal Aid Commission of New South Wales (offender) File Number(s): 2015/064064
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