Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Stanford, Marcus [2016] NSWSC 1174 Hearing dates: 23 August 2016 Decision date: 24 August 2016 Before: R A Hulme J Decision: Imprisonment for a fixed term of 1 year 3 months
Catchwords: CRIMINAL LAW – sentence – accessory after the fact to murder – factors relevant to assessment of seriousness of offence – murder of extreme seriousness but acts of accessory limited - Crown acceptance offence towards lower end of range – plea of guilty and other mitigating factors – no practical utility in allowing parole period – fixed term sentence imposed Legislation Cited: Crimes Act 1900 (NSW) s 349(1)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 3ACases Cited: R v Cowen [2008] NSWSC 104
R v Dileski [2002] NSWCCA 345; 132 A Crim R 345
R v Do (Court of Criminal Appeal (NSW), 7 May 1997, unrep)
R v Farroukh and Farroukh (Court of Criminal Appeal (NSW), 29 March 1996, unrep)
R v Faulkner [2000] NSWSC 944
R v Gersteling [2004] NSWSC 502
R v Johnson [2014] NSWSC 1254
R v Mirad [2004] NSWSC 701
R v Phan [2001] NSWSC 1069; 126 A Crim R 257
R v Quach [2002] NSWSC 1205Category: Sentence Parties: Regina
Marcus StanfordRepresentation: Counsel:
Solicitors:
Mr P Kerr (Crown)
Mr B Neild (Offender)
Solicitor for Public Prosecutions
Catherine Hunter
File Number(s): 2015/167544
Judgment
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HIS HONOUR: Ms Stephanie Clare Scott was murdered by Vincent Stanford at Leeton on 5 April 2015. His identical twin brother, Marcus Stanford ("the offender"), has pleaded guilty to being an accessory after the fact to that murder.
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The offence of being an accessory after the fact to murder is one that carries a maximum penalty of imprisonment for 25 years (s 349(1) of the Crimes Act 1900 (NSW)).
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There is a wide variation in the possible degrees of culpability of a person who commits this offence: R v Farroukh and Farroukh (Court of Criminal Appeal (NSW), 29 March 1996, unrep). It may be committed by someone who helps the principal offender to dispose of the body (e.g. R v Faulkner [2000] NSWSC 944 and R v Quach [2002] NSWSC 1205); or to hide or get rid of incriminating evidence (e.g. R v Gersteling [2004] NSWSC 502 and R v Cowen [2008] NSWSC 104); or to get away from the crime scene, or the jurisdiction (e.g. R v Mirad [2004] NSWSC 701). It may be committed by someone who deliberately tells lies to cover up the crime, or the identity of the principal offender (e.g. R v Phan [2001] NSWSC 1069; 126 A Crim R 257 and R v Dileski [2002] NSWCCA 345; 132 A Crim R 345). There are other forms of assistance that may be given as well but the critical thing is that, with knowledge of the primary offence, the offender does something which has a tendency to assist the principal to avoid justice by escaping…
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- AGLC
- R v Stanford, Marcus [2016] NSWSC 1174
- Case
- [2016] NSWSC 1174
- Decision Date
CaseChat Overview and Summary
The court considered various factors relevant to the assessment of the seriousness of the offence. These included the nature of the defendant's involvement, the extreme seriousness of the murder, and the Crown's concession regarding the lower end of the range. Additionally, the court took into account the defendant's guilty plea and other mitigating circumstances. The court determined that there was no practical utility in allowing parole, leading to the imposition of a fixed term sentence.
In reaching its decision, the court carefully weighed the various mitigating factors against the gravity of the offence. The court concluded that a fixed term sentence was appropriate, given the defendant's limited role as an accessory after the fact and the mitigating factors presented. The court also noted that the Crown's concession on the seriousness of the offence and the defendant's guilty plea were significant considerations in the sentencing process. The final orders of the court reflected this balanced approach, imposing a fixed term sentence that took into account both the seriousness of the offence and the defendant's mitigating circumstances.
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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