Estephan v R

Case [2015] NSWCCA 100


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Estephan v R [2015] NSWCCA 100
Hearing dates:1 May 2015
Decision date: 20 May 2015
Before: Hoeben CJ at CL at [1]
R A Hulme J at [115]
Wilson J at [116]
Decision:

Leave to appeal granted.
Appeal dismissed.

Catchwords: CRIMINAL LAW – sentence appeal – accessory after the fact to murder – applicant present when murder committed and driver of getaway car – applicant concealed fact of murder for 12 months – whether sufficient discount allowed for plea of guilty – discretionary matter – plea not entered at earliest opportunity – whether sentencing judge erred in not finding special circumstances – discretionary matter – whether sentence manifestly excessive – whether parity principle observed by reference to sentence imposed upon co-offender – no error disclosed – appeal dismissed.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 – s 44
Criminal Case Conferencing Trial Act 2008
Firearms Act 1996
Cases Cited: Corda v R [2014] NSWCCA 281
England v R; Phanith v R [2009] NSWCCA 274
Hallak v R [2014] NSWCCA 48
Jimmy v R [2010] NSWCCA 60; 269 ALR 115
Kaminic v R [2014] NSWCCA 116
Markarian v R [2005] HCA 25; 228 CLR 357
MD v R [2015] NSWCCA 37
Piscitelli v R [2013] NSWCCA 8
R v Araya [2005] NSWCCA 283
R v Dib [2003] NSWCCA 117
R v Kaminic [2013] NSWSC 1097
R v NP [2003] NSWCCA 195
R v Newman [2004] NSWCCA 113
R v PB [2008] NSWCCA 109; 184 A Crim R 552
R v Scott [2003] NSWCCA 286
R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383
Tan v R [2014] NSWCCA 96
Tuvunivono v R [2013] NSWCCA 176
Category:Principal judgment
Parties: Christopher Chafic Estephan – Applicant
Regina – Respondent Crown
Representation:

Counsel:
Mr GA Farmer SC – Applicant
Ms T Smith – Respondent Crown

Solicitors:
Elliot Lawyers – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s):2010/339072
 Decision under appeal 
Court or tribunal:
Supreme Court of NSW
Jurisdiction:
Criminal
Citation:
R v Christopher Chafic Estephan [2014] NSWSC 450
Date of Decision:
30 April 2014
Before:
Bellew J
File Number(s):
2010/339072

Judgment

  1. HOEBEN CJ at CL:

Offences and sentence

The applicant pleaded guilty to three counts:

Count 1 – Accessory after the fact to murder between 2 September 2009 and 14 October 2010. The maximum penalty for this offence is imprisonment for 25 years.

Counts 2 and 3 – Possession of unlicensed firearms between 1 January 2010 and 1 March 2010. The maximum penalty for each offence is imprisonment for 5 years.

  1. Count 1 was the first count on the indictment, dated 5 December 2013, to which the applicant pleaded guilty on 6 December 2013. Counts 2 and 3 were two further counts on the indictment, dated 5 December 2013, to which the applicant originally pleaded not guilty. Following the remitter of these charges to the District Court, a fresh…

Continue reading Estephan v R

Sign in free to access the full text

Details
AGLC
Estephan v R [2015] NSWCCA 100
Case
[2015] NSWCCA 100
Decision Date

CaseChat Overview and Summary

In the matter of Estephan v R, the High Court of Australia considered an appeal against a sentence imposed on the applicant for being an accessory after the fact to a murder. The applicant was present during the commission of the murder and was the driver of the getaway car. Additionally, the applicant concealed the fact of the murder for a period of 12 months. The court was required to determine whether the sentencing judge appropriately exercised discretion in relation to the sentence imposed. Specifically, the court had to consider whether the sentence adequately reflected the discount for the applicant's plea of guilty, whether the sentencing judge erred in not identifying special circumstances, and whether the sentence was manifestly excessive. Furthermore, the court examined whether the sentencing judge correctly applied the parity principle by comparing the sentence imposed on the applicant with that of the co-offender.

The court found that the sentencing judge had not erred in any of the discretionary matters considered. The court held that the plea of guilty was not entered at the earliest possible opportunity, which affected the discount that could be applied to the sentence. Regarding special circumstances, the court found that the sentencing judge had adequately considered the applicant's role in the crime and the relevant factors. The court also determined that the sentence was not manifestly excessive and that the parity principle was appropriately applied in relation to the co-offender's sentence.

In light of the above findings, the High Court dismissed the appeal. The court found that no error had been disclosed in the sentencing process, and the sentence imposed on the applicant was appropriate in the circumstances of the case. The court's decision underscores the importance of the sentencing judge's discretion in determining sentences for accessorial liability and the need for careful consideration of the factors relevant to the case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.