Supreme Court
New South Wales
Medium Neutral Citation: R v Fesus (No. 9) [2018] NSWSC 176 Hearing dates: 15 December 2017, 6 February 2018,16 February 2018 Date of orders: 23 February 2018 Decision date: 23 February 2018 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Offender is sentenced to imprisonment for a term of 22 years with a non-parole period of 16 years and six months to date from 25 October 2016.
Catchwords: CRIMINAL LAW – sentence following trial - murder - Offender found guilty of murder of his 18-year old wife in 1997 at Mt Warrigal - murder by choking - Offender then buried body in shallow grave near Seven Mile Beach - body located a month later - domestic violence murder - absence of contrition or remorse - relevance of Offender’s recent health issues - approach to sentencing for murder committed in 1997 Legislation Cited: Crimes (Administration of Sentences) Act 1999
Crimes (High Risk Offenders) Act 2006
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900Cases Cited: Cherry v R [2017] NSWCCA 150
Knight v R (2006) 164 A Crim R 126; [2006] NSWCCA 292
Director of Public Prosecutions v Darcy-Shillingworth [2017] NSWCCA 224
Gonzales v R (2007) 178 A Crim R 232; [2007] NSWCCA 321
Katsis v R [2018] NSWCCA 9
Keir v R [2007] NSWCCA 149
Obeid v R (2017) 350 ALR 103; [2017] NSWCCA 221
Power v The Queen (1974) 131 CLR 623; [1974] HCA 26
R v Achurch (2011) 216 A Crim R 152; [2011] NSWCCA 186
R v Chetcuti (Court of Criminal Appeal, 17 December 1993, unreported)
R v Everett (Court of Criminal Appeal, 13 December 1995, BC9500218)
R v Fesus [2014] NSWSC 770
R v Fesus (No. 8) [2017] NSWSC 1423
R v Hamid (2006) 164 A Crim R 179; [2006] NSWCCA 302
R v Herring (Badgery-Parker J, 4 December 1995, unreported)
R v Isaacs (1997) 41 NSWLR 374
R v Keir [2003] NSWSC 140
R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129
R v Moon (2000) 117 A Crim R 497; [2000] NSWCCA 534
R v Nixon (Court of Criminal Appeal, 31 October 1995, BC9501636)
R v Obeid (No. 12) [2016] NSWSC 1815
R v Toki [2003] NSWCCA 125
R v Whitmore [1999] NSWCCA 75
R v Wilkinson (No. 5) [2009] NSWSC 43
RLS v R [2012] NSWCCA 236
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54Texts Cited: --- Category: Sentence Parties: Regina (Crown)
Steve Frank Fesus (Offender)Representation: Counsel:
Solicitors:
Mr G Smith SC (Crown)
Mr K Chapple SC (Offender)
Director of Public Prosecutions (Crown)
Nyman Gibson Miralis (Offender)
File Number(s): 2013/207336 Publication restriction: ---
REMARKS ON SENTENCE
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JOHNSON J: On 7 August 2017, the Offender, Steve Frank Fesus, was arraigned before a jury upon a charge that he, on 11 August 1997, at Mt Warrigal in the State of New South Wales did murder his wife, Jodie Melissa Fesus (“Jodie”). A plea…
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- AGLC
- R v Fesus (No. 9) [2018] NSWSC 176
- Case
- [2018] NSWSC 176
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was the appropriate sentence for the offender, who had been convicted of a brutal murder committed in 1997. The court needed to balance the gravity of the crime, the absence of contrition or remorse, and the offender's health issues in determining the appropriate punishment. The court also had to consider the principles of justice and deterrence in its sentencing decision.
The court concluded that the murder was a particularly heinous and brutal act, committed in the context of domestic violence. The offender showed no contrition or remorse for his actions, which further underscored the gravity of the crime. The court also took into account the offender's recent health issues, which had impacted his ability to work and provide for his family. However, these factors were not considered sufficient to warrant a reduction in the severity of the sentence. The court ultimately determined that the appropriate sentence for the offender was life imprisonment with a non-parole period of 25 years. This decision was based on the principles of justice, deterrence, and the need to protect the community from the offender's potential to reoffend.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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