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 1999Cases 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 367Category: Sentence Parties: Regina (Crown)
Rodney Lawrence (Offender)Representation: Counsel:
Solicitors:
B Hughes SC (Crown)
J Fitzgerald (Offender)
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File Number(s): 2015/317121 Publication restriction: Name of principal offender not to be published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
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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.
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Mr Lawrence stands to be sentenced upon the basis of a statement of agreed facts. Those facts are as follows.
Agreed facts
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Elizabeth Dixon was born in February, 1951 and was 31 years old at the time of her death. She was the sole resident of a one bedroom flat in Tennyson Street, Metford at the time of her death. She was employed in a secretarial position at a firm known as Cobden Jones Mining at Kurri Kurri. She was an avid squash player at the Greenhills Squash Centre where she worked part time.
3 April 1982
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Ms Dixon played squash with a friend on the late afternoon of Saturday 3 April 1982. They parted company at about 5.15pm. The last reported sighting of her was at 5.45pm on Saturday 3 April 1982, when Ms Dixon was seen entering a liquor outlet at the Greenhills shopping centre wearing her squash clothing. She was in her yellow Mazda sedan at that time.
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Ms Ann Martin, Ms Dixon’s sister, attended the George and Dragon Tavern at Greenhills on the night of 3 April 1982 leaving at about 1.00am the following morning. She did not see her sister there during that time. A member of the bar staff at the tavern confirmed that Ms Dixon had not been there that evening.
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- AGLC
- R v Lawrence [2017] NSWSC 1734
- Case
- [2017] NSWSC 1734
- Decision Date
CaseChat Overview and Summary
The court had to address several legal issues, including the effect of the significant delay in charging Lawrence, the principles of justice and fairness in sentencing, and the impact of the deceased's unidentified status on the sentencing process. The primary legal question was whether the delay in bringing charges against Lawrence justified a reduction in his sentence, and if so, to what extent. The court also needed to consider the principle of proportionality in sentencing and how it applied to an accessory after the fact.
In reaching its decision, the court considered the delay in prosecution, the principle of proportionality, and the overall fairness of the sentencing process. The court acknowledged the delay in bringing charges against Lawrence but found that it did not warrant a significant reduction in his sentence. The court emphasised the importance of holding offenders accountable and the need to maintain public confidence in the justice system. Ultimately, the court determined that Lawrence should be sentenced as if the delay had not occurred, reflecting the seriousness of his role as an accessory to murder. The court's reasoning underscored the need to balance the principles of justice and deterrence with the practicalities of delayed prosecution.
The final orders of the court reflected its determination that Lawrence should be sentenced as an accessory after the fact to murder, with due consideration given to the principles of justice and fairness. The court did not reduce the sentence due to the delay in prosecution, but it did take into account the unique circumstances of the case. Lawrence was sentenced accordingly, ensuring that the sentence reflected both the gravity of his actions and the need for justice to be seen to be done.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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