R v Fuller (No 5) [2025] NSWSC 76

Supreme Court New South Wales

Medium Neutral Citation: R v Fuller (No 5) [2025] NSWSC 76 Hearing dates: 14 February 2025 Decision date: 07 March 2025 Jurisdiction: Common Law Before: Ierace J Decision: (1) For the offence of the intimidation of Gregory Hunt, the offender is sentenced to a fixed sentence of 19 weeks imprisonment, backdated to commence on 28 July 2021 and to expire on 7 December 2021; (2) For the offence of the murder of Mark Tozer, the offender is sentenced to a term of imprisonment of 28 years, which is backdated to commence on 28 September 2021 and which will expire on 27 September 2049. I fix a non-parole period of 19 years and 6 months, which will expire on 27 March 2041; (3) I indicate that had it not been for the allowance made pursuant to s 22A of the Crimes (Sentencing Procedure) Act 1999 (NSW), the total sentence would have been 30 years; (4) The charge of driving a vehicle with menaces, contrary to s 118(1) of the Road Transport Act 2013 (NSW), is dismissed, pursuant to s 167(1)(a) of the Criminal Procedure Act 1986 (NSW). Catchwords: Crime — sentence — murder — intimidation — trial by judge alone — where offender intended to make good his intimidation threat if he could locate victim — where offender fatally assaulted murder victim by repeated blows to head, neck and torso — where nature and duration of assault bespeaks intention to kill — whether there was a degree of provocation — nexus between mental health and offences — issue of remorse — Bugmy considerations and moral culpability — poor prospects of rehabilitation — special circumstances Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5(1), 21A(2)(d), 21A(3)(b), 21A(6), 21A(5AA), 22A, 25D(2)(c), 30E(3), 45(1)(c) Crimes Act 1900 (NSW), ss 18(1)(a), 418(2), 421(1) Criminal Procedure Act 1986 (NSW), ss 166(1)(b), 167(1)(a) Road Transport Act 2013 (NSW), s 118(1) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 DS v The Queen (2022) 109 NSWLR 82; [2022] NSWCCA 156 R v Boon [2019] NSWSC 813 R v Engert (1995) 84 A Crim R 67 R v Fuller (No 1) [2024] NSWSC 1206 R v Fuller (No 4) [2024] NSWSC 1420 R v Hillsley (2006) 164 A Crim R 252; [2006] NSWCCA 312 Sharma v R [2017] NSWCCA 85 Category: Sentence Parties: Rex Connor Fuller (Accused) Representation: Counsel: Mr B Costello (Crown) Mr M King (Accused)