R v Lawrence [2017] NSWSC 1734

Supreme Court New South Wales

Medium Neutral Citation: R v Lawrence [2017] NSWSC 1734 Hearing dates: 6 December 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Before: Harrison J Decision: Sentenced to a term of imprisonment of 2 years and 4 months with a non-parole period of 1 year 6 months and 5 days commencing on 28 October 2015 and expiring on 3 May 2017 with a balance of term expiring on 27 February 2018. Catchwords: CRIMINAL LAW – sentence – accessory after the fact to murder – death of deceased in 1982 – where offender not charged until 2015 – where principal offender died before being brought to justice Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Dileski [2002] NSWCCA 345 R v Faulkner [2000] NSWSC 944 R v Hawken (1986) 27 A Crim R 32 R v Purtill [2012] NSWSC 566 R v Urriola [2010] NSWSC 367 Category: Sentence Parties: Regina (Crown) Rodney Lawrence (Offender) Representation: Counsel: B Hughes SC (Crown) J Fitzgerald (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid Commission of NSW (Offender) File Number(s): 2015/317121 Publication restriction: Name of principal offender not to be published

REMARKS ON SENTENCE 1. HIS HONOUR: Rodney Lawrence pleaded guilty on 13 November 2017 to a charge, contrary to s 349(1) of the Crimes Act 1900, that between 3 April and 6 April 1982 at Metford and elsewhere in the State of New South Wales, knowing that XXX XXX murdered Elizabeth Dixon, he afterwards assisted XXX XXX. The maximum penalty for that offence is imprisonment for 25 years. There is no standard non-parole period. 2. Mr Lawrence stands to be sentenced upon the basis of a statement of agreed facts. Those facts are as follows.