R v Rebel-Anne King - [2018] NSWSC 643

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Rebel-Anne King [2018] NSWSC 643
Hearing dates: 4 May 2018
Decision date: 11 May 2018
Jurisdiction: Common Law
Before: N Adams J
Decision:
For the offence of hindering an investigation contrary to s 315(1)(a) of the Crimes Act 1900 (NSW) the offender is sentenced to a non-parole period of two years and four months commencing on 12 January 2016 and expiring on 11 May 2018 and a balance of term of 12 months to commence on 12 May 2018 and to expire on 11 May 2019.

Catchwords: SENTENCING – remarks on sentence – offence of hindering the investigation of a serious indictable offence (murder) contrary to s 315(1)(a) of the Crimes Act 1900 (NSW) – plea of guilty to lesser offence at start of trial
Legislation Cited: Crimes Act 1900 (NSW), ss 4, 59, 315, 349
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 27, 54A, 44
Firearms Act 1996 (NSW), s 50
Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31
R v Derbas [2003] NSWCCA 44
R v Dimarelis [2017] NSWSC 1616
R v Grant [2012] NSWSC 1491
R v Hamze [2005] NSWSC 136
R v Mobbs [2005] NSWCCA 371
R v Purtill [2012] NSWSC 566
R v Smith [2017] NSWSC 900
R v Weston [2012] NSWSC 1498
Yeung v R [2018] NSWCCA 52
Category: Sentence
Parties: Regina
Rebel-Anne King
Representation:
Counsel:
K Gilson (Crown)
J Peluso (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Astoria Lawyers (Offender)

File Number(s): 2016/10882
Publication restriction: Nil

REASONS

HER HONOUR: On 12 January 2016, Rebel-Anne King was arrested and charged with being an accessory after the fact to the murder of Donovan Mileham. She was refused bail and has remained in custody since that date. Hasan Fazlilar was charged with the murder of Mr Mileham and Deha Kelekci and Elias Dimarelis were both charged with being accessories after the fact to the murder.
The offender was due to stand trial with Mr Fazlilar and Mr Kelekci on 30 April 2018. Following plea negotiations, she pleaded guilty on 3 May 2018 to the alternative count of hindering police contrary to s 315(1)(a) of the Crimes Act1900 (NSW). Proceedings on sentence were conducted on 4 May 2018 at which time I stood the matter over until today for sentence.
An offence contrary to s 315(1)(a) of the Crimes Act carries a maximum penalty of seven years imprisonment. There is no standard non-parole period for the purposes of s 54A(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (the "Sentencing Act").

Agreed facts

The offender is to be sentenced on the basis of a detailed Statement of Agreed Facts. Those Agreed…

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 643
Decision Date: 11 May 2018

CaseChat Overview and Summary

In the case of R v Rebel-Anne King, the defendant pleaded guilty to hindering the investigation of a serious indictable offence, specifically murder, under section 315(1)(a) of the Crimes Act 1900 (NSW). The case was heard in a court of criminal jurisdiction in New South Wales. The defendant had initially pleaded guilty to a lesser offence at the beginning of the trial, but this was later withdrawn in favour of a guilty plea to the more serious charge.

The court was required to decide the appropriate sentence for the defendant given the plea and the nature of the offence. The legal issues centred around the severity of the defendant's actions in hindering the investigation and the need to balance the punishment with the principles of justice and deterrence. The court also had to consider the defendant's background, mitigating factors, and any other relevant circumstances that could influence the sentencing decision.

The court deliberated on the seriousness of the offence and the defendant's role in hindering the investigation. It took into account the plea of guilty and the fact that the defendant had changed her plea at a late stage. The court emphasised the importance of holding individuals accountable for their actions in hindering investigations into serious crimes. The court ultimately decided that the defendant should be sentenced to a term of imprisonment, reflecting the gravity of the offence and the need to uphold the rule of law. The exact term of imprisonment was not detailed in the text, but it was determined based on the specific circumstances of the case.

Orders