Fraser v The State of Western Australia

Case

[2009] WASCA 23

23 JANUARY 2009


Details
AGLC Case Decision Date
Fraser v The State of Western Australia [2009] WASCA 23 [2009] WASCA 23 23 JANUARY 2009

CaseChat Overview and Summary

The applicant, Fraser, was convicted of wilful murder and sentenced to strict security life imprisonment with a minimum of 27 years. Fraser sought an extension of time to appeal the sentence, arguing it was manifestly excessive and breached the parity principle. The court was required to determine if the application for an extension of time to appeal was justified and whether the sentence was manifestly excessive or breached the parity principle. The court found that the delay of six months in filing the notice of appeal was not sufficiently justified and that the application for an extension of time lacked merit. Additionally, the court held that the sentence was not manifestly excessive and did not breach the parity principle. Consequently, the application for an extension of time to appeal was refused.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Appeal

  • Limitation Periods

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Cases Citing This Decision

18

Lam v The Queen [2014] WASCA 114
Cases Cited

7

Statutory Material Cited

3

Power v The Queen [1974] HCA 26