R v Afu; R v Caleo (No 17) [2018] NSWSC 1127

Supreme Court New South Wales

Medium Neutral Citation: R v Afu; R v Caleo (No 17) [2018] NSWSC 1127 Hearing dates: 5 July 2018 Decision date: 26 July 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Afu Imprisonment for 20 years with a non-parole period of 15 years

Caleo Imprisonment for 12 years with a non-parole period of 9 years Catchwords: CRIME – sentence – murder – cold case – 1990 – hired killer – offender paid $10,000 by deceased's husband to make murder look like "robbery gone bad" – victim stabbed multiple times in bedroom near sleeping children – high range of objective seriousness conceded – not guilty plea – offender's personal circumstances – disadvantaged background – family hardship due to financial strain and separation – significant criminal history – need to sentence in accordance with past practices

CRIME – sentence – solicit to murder – cold case – 1990 – offender hired man to kill wife – offender in embittered relationship with wife – motivated by affair with younger woman and need to avoid costly divorce – above midrange of objective seriousness – not guilty plea – minor criminal record – few favourable subjective findings – need to sentence in accordance with past practices – no comparable cases

CRIME – sentence – particular offences – solicit to murder – no precedent for charging such offence where victim actually killed – De Simoni principle – need to avoid sentencing for more serious crime of accessory before fact of murder – evidence such as family victim impact statements not to be taken into account Legislation Cited: Crimes Act 1900 (NSW) ss 19A, 26 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 44 Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 Sch 3[6] Cases Cited: Benitez v R [2006] NSWCCA 21 R v Baker [2017] NSWCCA 233 R v Fidow [2004] NSWCCA 172 R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129 R v Moon [2000] NSWCCA 534; 117 A Crim R 497 R v Potier [2004] NSWCCA 136 R v Wright (Court of Criminal Appeal (NSW), 8 July 1997, unrep) The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Category: Sentence Parties: Regina Alani Afu Mark Richard Caleo Representation: Counsel: Ms M Cunneen SC (Crown) Mr R Wilson (Afu) Mr G Brady SC with Ms R Khalilizadeh (Caleo)