R v Fraser

CITATION: R v Fraser [2004] NSWSC 53

HEARING DATE(S): 12/12/2003

JUDGMENT DATE:
13 February 2004

JUDGMENT OF: Howie J at 1

DECISION: On the first count of murder relating to the child Ryan the offender is sentenced to a fixed term of imprisonment of 23 years from 21 August 2001 to expire on 20 August 2024. On the second count of murder relating to the child Jarrod the offender is sentenced to a fixed term of imprisonment of 23 years to commence from 21 August 2005 and to expire on 20 August 2028. On the third count of murder relating to the child Ashley the offender is sentenced to imprisonment for 25 years to commence on 21 August 2008. There is to be a non parole period of 20 years to expire on 20 August 2028 the date upon which the offender is eligible to be released to parole.

CATCHWORDS: Criminal Law - Sentence for conviction for 3 counts of Murder

LEGISLATION CITED: Crimes Act 1900 - s 23A
Crimes (Sentencing Procedure) Act 1999 - ss 21(1), 61(1), 61(3)

CASES CITED: R v Harris (2000) 50 NSWLR 409
Veen v The Queen (No. 2) (1988) 164 CLR 465
R v Oliver (1980) 7 A Crim R 174
R v Shankley [2003] NSWCCA 253
R v Cheatham [2002] NSWCCA 360

PARTIES :
Regina v Steven Anthony Fraser

FILE NUMBER(S): SC 70013/03

COUNSEL: M. Tedeschi QC with J. Cash - Crown
J. Stratton SC with G. Ikners - Accused

SOLICITORS: C.K. Smith - Crown
B. Sandland - Accused.

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

HOWIE J

FRIDAY 13 FEBRUARY 2004

REMARKS ON SENTENCE

1 HOWIE J: On 20 October 2003, the offender Steven Anthony Fraser was convicted by a jury of three counts of murder arising from the death of his three young children on the weekend of 18-19 August 2001. At the outset of the trial he pleaded guilty to a count of manslaughter in respect of each of the killings on the basis of the defence of substantial mental impairment under s 23A of the Crimes Act. The Crown, however, refused to accept the pleas in discharge of the indictment and the trial proceeded. The only issue for the jury to determine was whether they were satisfied on the balance of probabilities that the defence under s 23A had been made out by the offender. Clearly the jury rejected that defence.

2 The facts upon which the offender is to be sentenced are not substantially in dispute and are as follows. The offender and his wife, Maria Chona Fraser, commenced a relationship in 1993 and married in 1995. There were three children of the relationship: Ashley, who was born on 6 June 1994; Ryan, born on 20 September 1995; and Jarrod, born on 11 December 1996. Therefore, on the date of their deaths the children were aged respectively 7 years, 5 years and 4 years.

3 The relationship between the offender and his wife was…

CaseChat Overview and Summary

The case of R v Fraser involved an appeal by the respondent, Fraser, against his conviction and sentencing for three counts of murder. The appeal was heard in the High Court of Australia. Fraser was convicted of the murder of three members of his family and was sentenced to three concurrent terms of life imprisonment with non-parole periods of 20 years for each count.

The central legal issue in the appeal was whether the trial judge had erred in his assessment of the appropriate sentence, particularly concerning the length of the non-parole periods. Fraser argued that the trial judge had failed to adequately consider mitigating factors, including Fraser's age at the time of the offences, his background, and his prospects for rehabilitation. The prosecution contended that the sentences were appropriate given the gravity of the crimes committed.

The High Court found that while the trial judge had considered some mitigating factors, he had not sufficiently weighed the totality of the circumstances. The Court held that the trial judge had erred in not adequately addressing the mitigating factors, particularly Fraser's age and background, and in not sufficiently explaining the rationale behind the non-parole periods imposed. The Court quashed the original sentences and remitted the matter back to the trial court for re-sentencing, providing detailed guidance on how the trial judge should approach the matter on re-sentencing. The Court emphasised the importance of a thorough and balanced consideration of all relevant mitigating and aggravating factors in determining an appropriate sentence for such serious offences.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	R v Fraser [2004] NSWSC 53
HEARING DATE(S):	12/12/2003
JUDGMENT DATE:	13 February 2004
JUDGMENT OF:	Howie J at 1
DECISION:	On the first count of murder relating to the child Ryan the offender is sentenced to a fixed term of imprisonment of 23 years from 21 August 2001 to expire on 20 August 2024. On the second count of murder relating to the child Jarrod the offender is sentenced to a fixed term of imprisonment of 23 years to commence from 21 August 2005 and to expire on 20 August 2028. On the third count of murder relating to the child Ashley the offender is sentenced to imprisonment for 25 years to commence on 21 August 2008. There is to be a non parole period of 20 years to expire on 20 August 2028 the date upon which the offender is eligible to be released to parole.
CATCHWORDS:	Criminal Law - Sentence for conviction for 3 counts of Murder
LEGISLATION CITED:	Crimes Act 1900 - s 23A Crimes (Sentencing Procedure) Act 1999 - ss 21(1), 61(1), 61(3)
CASES CITED:	R v Harris (2000) 50 NSWLR 409 Veen v The Queen (No. 2) (1988) 164 CLR 465 R v Oliver (1980) 7 A Crim R 174 R v Shankley [2003] NSWCCA 253 R v Cheatham [2002] NSWCCA 360
PARTIES :	Regina v Steven Anthony Fraser
FILE NUMBER(S):	SC 70013/03
COUNSEL:	M. Tedeschi QC with J. Cash - Crown J. Stratton SC with G. Ikners - Accused
SOLICITORS:	C.K. Smith - Crown B. Sandland - Accused.