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Supreme Court 21 May 2012

R v Purtill

[2012] NSWSC 566

HomicideFraud & dishonestyPublic order & justice offences
CRIMINAL LAW SENTENCE PLEA OF GUILTY

Citation: R v Purtill [2012] NSWSC 566
Court: Supreme Court of New South Wales
Date: 21 May 2012
Judge(s): Harrison J

Background

The offender pleaded guilty to being an accessory after the fact to the murder of John Garda, committed by the offender's brother Kevin Purtill at his home in Lennox Head in February 2010. The deceased, a businessman from Byron Bay, was killed with a knife. The offender had been visiting a tenant in a flat below his brother's home when the killing occurred, and entered the premises shortly afterwards.

Over the following days, the offender took a series of deliberate steps to conceal the crime. He drove the deceased's car to a remote location, took the deceased's credit cards, used his own canvas swag to wrap the body, dug a shallow grave near Broadwater, and spent several days cleaning the crime scene with chemicals. He purchased and installed a new toilet to replace one broken during the killing, and later moved the deceased's car to Queensland.

The offender was initially arrested on fraud and larceny charges arising from his use of the deceased's credit cards. He was refused bail, pleaded guilty to those offences, and served six months. On 2 March 2010, he made full admissions in a police interview and was charged with being an accessory after the fact to murder. He remained in custody from that point.

  • What sentence was appropriate for an offender who pleaded guilty to being an accessory after the fact to murder, having been significantly involved in concealing the crime and disposing of the body?
  • What weight should be given to the offender's early plea of guilty, cooperation with authorities, and subjective circumstances (including mental health, family ties, and remorse)?
  • To what extent, if any, should the sentence for the accessory offence run concurrently with the six months already served for the related fraud and larceny offences?

Decision

Harrison J accepted that the offender's conduct was serious. The agreed facts established that the offender wrapped and buried the body, cleaned the crime scene thoroughly over several days, relocated the deceased's car across state lines, and used the deceased's credit cards. The primary motivation, as the offender himself explained in his record of interview, was to protect his younger brother, who had recently had a child.

The court considered a range of subjective factors, including the offender's age (48 at the time of sentencing), his circumstances of homelessness at the time of the offence, evidence of mental health difficulties, his expressed remorse, and the significance of his early plea and frank cooperation with police. The offender's record of interview was described as full and frank, and his admissions formed an important part of the prosecution's case.

Harrison J also took into account the principles governing accessory after the fact offences, drawing on a body of comparable cases. The court acknowledged that the fraud and larceny offences, while technically separate, arose from the same circumstances as the accessory offence. On that basis, the sentence was structured so that it did not wholly accumulate on the earlier six-month term, with a degree of concurrence applied.

Orders Made

  • The offender was convicted of being an accessory after the fact to the murder of John Garda.
  • Sentenced to imprisonment for 4 years, commencing 16 May 2010 and expiring 15 May 2014.
  • Non-parole period of 3 years, commencing 16 May 2010 and expiring 15 May 2013.

Key Takeaways

  • An accessory after the fact who takes substantial, sustained steps to conceal a murder (including disposing of the body, cleaning the crime scene, and relocating the victim's vehicle) faces a significant custodial sentence, even where the principal offender was a close family member.
  • Early cooperation with police and a frank record of admissions were treated as meaningful mitigating factors in determining the appropriate sentence.
  • Where separate offences (here, fraud and larceny) arise from the same criminal episode as the principal charge, a sentencing court may apply a degree of concurrence rather than wholly accumulating sentences, reflecting the totality principle.
  • The Supreme Court drew on a substantial body of comparable accessory after the fact cases to identify the appropriate sentencing range, reinforcing that such decisions require close attention to analogous authority.
  • Subjective circumstances, including the offender's mental health, homelessness at the time of the offence, and motivation to protect a sibling, were relevant to but did not displace the objective seriousness of sustained post-offence conduct designed to defeat justice.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), ss 18 and 349
- Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases:
- R v Almirol [2007] NSWSC 323
- R v Bollen (1998) 99 A Crim R 510
- R v Cowen [2008] NSWSC 104
- R v Dileski [2002] NSWCCA 345; (2002) 132 A Crim R 408
- R v Faulkner [2000] NSWSC 944
- R v Fennell [2011] NSWSC 489
- R v Ferrett (No 4) [2010] NSWSC 956
- R v Galea [2003] NSWSC 465
- R v Jin [2011] NSWSC 169
- R v Postlewaight [2010] NSWSC 1272
- R v Previtera (1997) 94 A Crim R 76
- R v Urriola [2010] NSWSC 367
- Urriola v Regina [2012] NSWCCA 95