R v Fraser

The case of R v Fraser involved an application by the Director of Public Prosecutions to rectify the sentence imposed on the defendant, Fraser, under section 9A of the Criminal Law (Sentencing) Act 1988 (SA). Fraser had been convicted of manslaughter while on parole for another offence. The sentencing judge was unaware of Fraser's parole breach at the time of sentencing, prompting the application for sentence rectification. The legal issue before the court was whether this rectification amounted to re-sentencing and if it was permitted by section 9A.

The court determined that the rectification of the sentence in this case did not amount to re-sentencing but rather a correction of a technical error and a supplementation of the sentencing order. The head sentence and non-parole period were adjusted accordingly. The court relied on the distinction between passing a completely new sentence and making an order that affects the operation of a sentence already passed, as articulated in Question of Law Reserved on Sentence (No 1 of 1996) (1996) 67 SASR 90. The court held that section 9A allows for the correction of errors rather than the imposition of a new sentence.

In conclusion, the court ordered Fraser to serve an additional 11 months for his parole breach, to commence on 18 June 2007, followed by 2 years and 10 months for manslaughter, making a total sentence of 3 years and 9 months. The total non-parole period was set at 14 months, consisting of 10 months for manslaughter and 4 months for the parole breach. The 4-month non-parole period was deemed appropriate due to Fraser's lack of intent to cause the death and breach parole. The court fixed Fraser's non-parole period at 14 months from the commencement date of his sentence.