Fraser v The King

In *Fraser v The King*, the appellant, Fraser, appealed against a sentence imposed by a lower court. The appeal concerned issues of criminal liability, specifically concerning complicity and the possibility of different verdicts for co-accused, as well as the severity of the sentence imposed for arson-related offences.

The central legal issues before the court were whether the appellant was properly found guilty of arson on the basis of complicity, and whether the sentence imposed was manifestly excessive. The court was required to consider the principles of aiding, abetting, counselling, or procuring an offence, and how these principles apply when an accused and their co-accused might receive different outcomes.

The Court of Appeal granted permission to appeal on the relevant grounds. It allowed the appeal, setting aside the original sentence. The court resentenced the appellant to a term of six years and four months imprisonment, with a non-parole period of five years and 24 days. Crucially, the court ordered that both the sentence of imprisonment and the non-parole period be backdated to the day the appellant was taken into custody. The forfeiture order made by the sentencing judge was left in place.