R v Fantakis; R v Woods - [2018] NSWSC 1700

Supreme Court

New South Wales

Medium Neutral Citation: R v Fantakis; R v Woods [2018] NSWSC 1700
Hearing dates: 2 November 2018
Date of orders: 08 November 2018
Decision date: 08 November 2018
Before: Wilson J
Decision:
Elefterios Fantakis

For the crime of murder, Elefterios Fantakis is sentenced to a non-parole period of 18 years imprisonment, to date from 3 October 2013, and expiring on 2 October 2031, with a balance of term of 6 years, expiring on 2 October 2037. The total term of sentence is 24 years imprisonment.

Andrew Woods
For the crime of accessory after the fact to murder, Andrew Woods is sentenced to a non-parole period of 6 years imprisonment, to date from 3 October 2013, and expiring on 2 October 2019, with a balance of term of 2 years, expiring on 2 October 2021. The total term of sentence is 8 years imprisonment.
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: R v Carter [1999] NSWCCA 376
R v Hawken (1986) 27 A Crim R 32
R v Previtera (1997) 94 A Crim R 76
R v Wilkinson (No 5) [2009 NSWSC 432
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
Category: Sentence
Parties: The Crown
Elefterios [Terry] FANTAKIS
Andrew Keith WOODS
Representation:
Counsel:
Mr L Lungo as Crown Prosecutor
Mr I Todd for the accused Fantakis
Mr M Picken for the accused Woods
Solicitors:
Solicitor for Public Prosecutions
Ms S Buchanan for the accused Fantakis
Mr A Sahinovic for the accused Woods

File Number(s): 2013/297834 Elefterios [Terry] FANTAKIS; 2013/298107 Andrew WOODS
Publication restriction: None

Judgment

HER HONOUR: On the afternoon of 11 August 2011, Elisha (or Sam) Karmas left his Punchbowl home. Mr Karmas’ work truck and work tools were left unsecured; his wallet was on the kitchen bench; and the radio in the house was turned on. All of the evidence points to a conclusion that, when he left, he did not intend to go any distance, or to be away for any length of time. He never returned, and on each of the well over two thousand days that have passed since then, Mr Karmas’ family has experienced the pain of not knowing what happened to him.
Through dogged and determined police work, and from the verdicts of a jury of this Court, what is known is that the offender Elefterios Fantakis murdered Mr Karmas at Punchbowl that day and that, thereafter, the offender Andrew Woods assisted him in concealing his crime.
Between 26 February 2018 and 25 May 2018 the offenders stood trial before this Court and a jury of (initially) 15, respectively, for murder, and being an accessory after the fact to murder. Each was found guilty by the verdict jury of 12, and convictions were recorded at that time. It now falls to this Court to sentence the offenders for the crimes of which they have been convicted.

Penalty

Murder is an offence contrary to s 18(1)(a) of the

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] NSWSC 1700
Decision Date: 08 November 2018

CaseChat Overview and Summary

In the Supreme Court of New South Wales, Elefterios Fantakis and Andrew Woods were convicted of the murder of Elisha Karmas and being an accessory after the fact to murder, respectively. The court was required to decide on the appropriate sentences for each offender. The court considered various factors, including the offenders' mental states, their respective roles in the crime, and the impact of the crime on the victim's family. The court found that both offenders had some degree of mental illness at the time of the crime, which lessened their moral culpability. However, the court emphasised the seriousness of the crimes and the need for both specific and general deterrence. The court sentenced Elefterios Fantakis to a non-parole period of 18 years imprisonment and a total term of 24 years for the crime of murder. Andrew Woods was sentenced to a non-parole period of 6 years imprisonment and a total term of 8 years for the crime of accessory after the fact to murder. The court emphasised the importance of acknowledging the loss and suffering caused by the crime and the need for the sentences to serve the purposes of deterrence and rehabilitation.

Orders