Read full details here: https://www.caselaw.nsw.gov.au/decision/59bf2021e4b058596cbaa706
- Medium Neutral Citation:
- R v Zanker (No 2) [2017] NSWSC 1254
- Hearing dates:
- 14 September 2017
- Date of orders:
- 14 September 2017
- Decision date:
- 14 September 2017
- Jurisdiction:
- Common Law
- Before:
- Fagan J
- Decision:
- Sentenced for accessory before the fact to murder to a term of imprisonment of 12 years with a non-parole period of 6 years 8 months.
- Catchwords:
- SENTENCING – accessory before the fact to murder – offender participated in digging of grave for deceased in anticipation of murder – deceased hostile towards offender – offender assisted principal offenders on account of concern deceased would reveal cannabis farming enterprise – grave digging an important preparatory step constituting endorsement of planned murder – offender physically disabled with disadvantageous background – consideration of factors in Bugmy v The Queen.
- Legislation Cited:
- Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) - Cases Cited:
- Aoun v R [2007] NSWCCA 292
Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18
R v Bainbridge [1959] 3 All ER 200
R v Cameron; R v Forward; R v Wilkinson [2016] NSWSC 1342
R v Zanker [2016] NSWSC 1653
Stokes and Difford v R (1990) 51 A Crim R 25 - Category:
- Sentence
- Parties:
- Regina (Crown)
Shaun Steven Zanker (offender) - Representation:
- Counsel:
Mr Luigi Lungo (Crown)
Mr Iain Todd (offenderSolicitors:
Mr Eric Navea, Office of the Director of Public Prosecutions (Crown)
Joanne Harris, Legal Aid Commission of New South Wales (offender) - File Number(s):
- 2015/064064
Court: Mount Druitt Local Court
Date: 22 October 2025
Charge: Affray (section 93(1)(c) Crimes Act)
Maximum penalty: 2 years imprisonment and/or $11,000 fine
Prior record: none.
Circumstances: Family dispute that escalated.
Plea: early plea of guilty
Outcome: Conditional Release Order for 2 years without proceeding to conviction. ADVO finalised.
Court: Burwood Local Court
Date: 23 October 2025
Charge: Intimidation DV (s.13. Crimes (Domestic and personal violence) Act), Common assault DV (s.61 Crimes Act)
Max penalty: 2 years imprisonment and/or $5500 fine.
Prior record: none.
Circumstances: offences committed during an argument over how to best discipline the children.
Plea: early plea of guilty
Outcome: Conditional Release Order for 1 years without proceeding to conviction. ADVO finalised.
Court: Campbelltown Local Court
Date: 3 November 2025
Charges: Intimidation DV (s.13. Crimes (Domestic and personal violence) Act), Common assault DV (s.61 Crimes Act), Assault occasion Actual Bodily Harm (s.59 Crimes Act)
Max penalty: 5 years imprisonment aggregate sentence.
Prior record: yes, but no prior history of violence.
Circumstances: dispute between Father and son.
Plea: Plea of not guilty
Outcome: Charges dismissed.
Court: Mount Druitt Local Court
Date: 21 November 2025
Charges: Intimidation DV (s.13. Crimes (Domestic and personal violence) Act), misuse carriage service (s.474.17 Criminal Code Cth)
Maximum penalty: 2 years imprisonment and/or $5500 fine (intimidation), 1 year imprisonment and/or $6600 fine (misuse carriage service)
Prior record: none.
Circumstances: breakdown of intimate relationship.
Plea: Application to dismiss under Mental Health Cognitive Impairment Forensic Provisions Act and its Cth equivalent.
Outcome: Application granted, both charges dismissed under s.14 MHCIFP Act & s.20BQ Criminal Code.
