Murder Sentencing in Organised Crime Context

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Questions and Answers

What was the offender's sentence duration for the crime committed?

  • 25 years
  • 40 years
  • 50 years
  • 31 years 6 months (correct)

What type of organization was involved in the crime?

  • Religious group
  • Political organization
  • Outlaw motorcycle gang (correct)
  • Sports club

What was the non-parole period of the offender's sentence?

  • 25 years
  • 20 years
  • 30 years
  • 23 years (correct)

What was found on the deceased’s body upon discovery?

<p>Clothing soaked with bleach (A)</p> Signup and view all the answers

What time did the authorities discover the body of the deceased?

<p>8:00 am (C)</p> Signup and view all the answers

What was the condition of the deceased's clothing when found?

<p>Discolored and wet (A)</p> Signup and view all the answers

The group that the offender was a part of operated as what type of group?

<p>A closed group (A)</p> Signup and view all the answers

How was the deceased's body transported before being disposed of?

<p>In a Hyundai iLoad van (C)</p> Signup and view all the answers

What factors contributed to the offender's good prospects for long-term rehabilitation?

<p>Above average intelligence and educational attainment (C)</p> Signup and view all the answers

How did the offender's mental health conditions influence his behavior?

<p>His morbid outlook contributed to indifference to his safety. (A)</p> Signup and view all the answers

What significant event occurred after the offender's release from prison?

<p>He reported several periods of clinically significant depression. (B)</p> Signup and view all the answers

What was the offender's mental state during the most recent interview?

<p>He denied feeling depressed and did not appear depressed. (D)</p> Signup and view all the answers

What type of problems has the offender NOT experienced in prison?

<p>Conduct problems (C)</p> Signup and view all the answers

What explanation did the offender give for his previous criminal behavior?

<p>Morbid outlook resulting from depression (B)</p> Signup and view all the answers

What sentiment did the offender express regarding his future during evaluations?

<p>He was enthusiastic about completing further qualifications. (B)</p> Signup and view all the answers

What significant psychological issue did the offender experience multiple times?

<p>Clinically significant depression (C)</p> Signup and view all the answers

What was the confirmed cause of death for the deceased?

<p>Multiple gunshot wounds to the head (A)</p> Signup and view all the answers

How many gunshot wounds were identified on the back of the deceased's head?

<p>Four (A)</p> Signup and view all the answers

What type of firearm was used to shoot the deceased?

<p>.22 caliber (C)</p> Signup and view all the answers

What was found on the deceased's skin and clothing after the incident?

<p>Bleach solution (D)</p> Signup and view all the answers

What did the offender do with the deceased's body after the incident?

<p>Put it in a bathtub surrounded by ice (B)</p> Signup and view all the answers

How many shots were fired by the same person during the incident?

<p>Four shots (C)</p> Signup and view all the answers

What did the offender feel leading up to the shooting?

<p>A sense of betrayal regarding his safety (B)</p> Signup and view all the answers

What was the initial plan for the deceased after being picked up?

<p>To confront him about a debt (B)</p> Signup and view all the answers

What ultimately triggered the offender to shoot the deceased?

<p>Fear for his own safety (D)</p> Signup and view all the answers

What did the offender think about leaving the situation during the confrontation?

<p>He considered it risky and futile (A)</p> Signup and view all the answers

What did the offender do just before shooting the deceased?

<p>Leant forward to grab the firearm (D)</p> Signup and view all the answers

What was the reaction of the deceased when the firearm was first pointed at him?

<p>He laughed it off dismissively (B)</p> Signup and view all the answers

What emotion did the offender feel towards the deceased at the end of their interaction?

<p>Anger (A)</p> Signup and view all the answers

What ultimately led to the decision to follow through with the shooting?

<p>A threat about divulging information (B)</p> Signup and view all the answers

What did the offender recall about the presence of ice during the incident?

<p>He was certain he didn't have ice. (A)</p> Signup and view all the answers

Where did the offender mention putting bleach?

<p>In the bathtub and possibly where the body was found. (C)</p> Signup and view all the answers

How did the offender describe his upbringing?

<p>He lived in a rough area but had stable home life. (D)</p> Signup and view all the answers

What were the offender's views on weapons based on his experiences?

<p>They were essential for safety and survival. (C)</p> Signup and view all the answers

What was the offender's educational background at the time of his arrest?

<p>He completed an undergraduate degree in commerce and was enrolled in an MBA. (D)</p> Signup and view all the answers

Which motorcycle gang did the offender join?

<p>The Rebels Outlaw Motorcycle Gang. (D)</p> Signup and view all the answers

What reason did the offender give for not wanting to involve others in the incident?

<p>He wanted to handle the situation alone. (C)</p> Signup and view all the answers

How did the offender perceive the incidents of violence in his life?

<p>As a normal part of life. (A)</p> Signup and view all the answers

What type of academic achievement did the offender obtain in high school?

<p>He completed the Higher School Certificate with an ATAR in the 70s. (B)</p> Signup and view all the answers

What distinguishing characteristic did the offender claim about his lifestyle at the time of arrest?

<p>He was living a double life. (C)</p> Signup and view all the answers

What did the offender state regarding his substance use and disorders?

<p>He had never used drugs and had no substance use disorder. (C)</p> Signup and view all the answers

What can be inferred about the offender's attitude towards education?

<p>He respected education due to his parents' influence. (A)</p> Signup and view all the answers

What aspect of the incident confused the offender about the use of bleach?

<p>He couldn’t remember where he used bleach. (B)</p> Signup and view all the answers

What significant emotional conflict did the offender express during the incident?

<p>He felt the victim might retaliate against him. (A)</p> Signup and view all the answers

Flashcards

Murder Sentence

A 31-year and 6-month prison sentence, with a 23-year non-parole period for a murder committed in 2015.

Offender & Deceased Connection

The offender and deceased were known to each other through their shared involvement in an outlaw motorcycle gang.

Rebels Burwood OMCG

A criminal motorcycle gang that claimed to detach from the Rebels OMCG in the years 2015-2016.

Gang Structure

The Rebels Burwood OMCG operated as a hierarchically structured criminal organization.

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Body Disposal 2015

A body was transported to and dumped in a clearing on June 26, 2015.

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Surveillance Cameras

Cameras on the Old Pacific Highway recorded the van movements involved in the body disposal.

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Body Discovery

Hornsby Shire Council compliance officers found the body on a fire trail on 26 June 2015.

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Victim's Clothing

The victim was found wearing discolored clothing; wet and with a bleach smell.

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Cause of death

Multiple gunshot wounds to the head

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Bleach solution

Used to coat the victim's body

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Firearm type

A .22 caliber firearm

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Multiple shots

Four shots fired by the same person

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Body disposal

The body was submerged in bleach and later dumped

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Suspect's actions

The suspect disposed of the body and hid his involvement

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Victim impact statements

Statements about the effects of the crime

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Offender's testimony

The suspect's account of the events

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Disposition of victim

The suspect planned the victim's pickup and meeting

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Suspect's motive

Compensation and settling financial disputes

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Suspect's behavior

Showed signs and actions which implied a risky or dangerous situation

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Planning the crime

The suspect planned the murder in advance

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Use of ice

Body was submerged in ice following the murder

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Hiding the crime

The suspect tried to cover up the murder

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Adrenaline

Physiological reaction to stress during a crime

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Attempt to cover up

Suspect tried to minimize or hide details of the murder

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Postmortem

Medical examination of a corpse to determine the cause of death

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Bleach Use

The offender used bleach to clean the victim's body, potentially in the bathtub or at the disposal site.

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Ice Use

The offender bought ice to preserve the victim's body before disposal.

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Body Disposal Method

The victim's body was transported in a van and dumped in a clearing.

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Offender's Motivation (Initial)

The offender's initial motivation for getting rid of the body was to avoid drawing attention and involving others.

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Offender's Motivation (Later)

The offender later realized the severity of the situation and understood the potential outcomes of his actions.

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Offender's Perception of Victim

The offender initially perceived the victim as a threat but later felt regret and remorse for his actions.

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Offender's Background

The offender grew up in a disadvantaged area and was involved in criminal activities from a young age.

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Offender's Criminal Involvement

The offender was associated with criminal figures and the Rebels Outlaw Motorcycle Gang.

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Offender's Values

The offender valued respect and loyalty within the criminal community, which influenced his actions.

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Offender's Education

Despite his involvement in criminal activities, the offender had a successful academic career.

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Offender's Mental State

The offender was assessed as mentally competent and not diagnosed with any psychiatric disorders, but he showed signs of remorse and fear.

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Offender's Double Life

The offender led a double life, balancing his criminal activities with his academic pursuits.

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Offender's Regret

The offender expressed regret for the incident, showing a shift in his perspective towards his actions.

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Offender's Family Influence

The offender's family encouraged him to pursue education and discouraged his involvement in criminal activities.

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Offender's High School Experience

The offender attended a diverse high school and was suspended for fighting, but he ultimately achieved a good academic score.

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Offender's Depression

The offender has reported experiencing clinically significant depression in the past, impacting his behavior and outlook.

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Offender's Rehabilitation Prospects

Despite a history of serious offenses, the offender is assessed as having good potential for rehabilitation due to his intelligence, educational attainment, and prosocial attitudes.

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Offender's Prison Conduct

The offender has not had any conduct problems in prison, suggesting a potential shift in behavior.

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Offender's Victimization

The offender has been the victim of an attack by another prisoner, highlighting the harsh realities of prison life.

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Sentencing Considerations

Factors considered when determining a sentence include the seriousness of the offense, the offender's remorse and rehabilitation prospects, moral culpability, prior record, deterrence, prison conditions, and guilty pleas.

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Objective Seriousness

The gravity of the crime, assessed based on its nature and impact.

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Moral Culpability

The degree of blameworthiness associated with the offender's actions.

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General Deterrence

The purpose of a sentence to discourage others from committing similar crimes.

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Study Notes

Murder Sentencing – Organised Crime Context

  • Offence details: The offender was sentenced for the murder of a person known through their mutual involvement in an outlaw motorcycle gang (OMCG). The killing occurred in 2015.
  • Sentence: The offender was sentenced to 31 years and 6 months imprisonment, with a non-parole period of 23 years. The sentence began on May 20, 2020, and expires on November 19, 2051.
  • Offender's Group: The criminal group, Rebels Burwood, reportedly disassociated itself from the Rebels OMCG in 2015-2016 but continued operating as a hierarchical criminal entity, led by the offender. They operated as a “closed group” with limited membership.
  • Disposal of body: The offender and an accomplice drove the victim's body from Sydney to Cowan. Surveillance captured their actions, culminating in the body being hidden, removed from a van, and dumped in a clearing. Subsequently, it was discovered by council officers. The deceased was found with clothing discolored by bleach, a plastic covering over his head and neck, and multiple gunshot wounds to the head. The body was partially submerged in bleach after death.
  • Weapon: An A.22 calibre firearm was used to shoot the victim.
  • Evidence: Court documents include the offender's confession, phone conversations, and victim impact statements.
  • Offender's Defence: Defence claims the victim threatened violence. The offender emphasized perceived escalating threats and a sense of needing to act to protect their own security/safety; the offender also recounts feeling pressured to stay within the group structure to maintain respect and not incur further criminal consequences.
  • Victim Impact Statements: Two victim impact statements were presented.
  • Forensic psychiatrist findings: Found the offender to have possible depression but not diagnosable psychiatric disorder. The report emphasized the offender's intelligence and educational attainment, including an undergraduate degree in commerce and master's studies in business administration.
  • Sentence Factors: Considerations such as objective seriousness, remorse, rehabilitation prospects, moral culpability, prior criminal record, general deterrence were judged.
  • Court Orders/Disclaimer: The court issued orders and explicitly cautioned that some details may be suppressed.

Offender's Account

  • Group Dynamics: The offender described a culture of violence and extortion within the group, claiming that leaving would lead to repercussions or victimization/further conflicts.
  • Motivations for Action: The offender expressed feeling pressured/cornered in the moments leading up to and during the killing, with a sense of having to act in order to protect one's self. At one point, the offender perceived a life or death situation and gave a sense of desperation.

Additional Details

  • Background to the Offence (Details): There's detailed documentation of the offender's life, experiences, relationships within the group, and the steps taken to dispose of the deceased.
  • Witness testimony and offender's own statements: Multiple witness and/or offenders' own statements are included in the document.
  • Emphasis on the past/prior events: Significant emphasis on past events and how the offender feels affected by these.

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