NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Fraser [2005] NSWCCA 77
HEARING DATE(S): 3 March 2005
JUDGMENT DATE: 3 March 2005
JUDGMENT OF: Grove J at 1; James J at 52; Barr J at 53
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - SENTENCE FOLLOWING TRIAL - MURDER OF THREE INFANT CHILDREN BY FATHER - MENTAL STATE FOUND BY JURY NOT TO REDUCE CULPABILITY TO MANSLAUGHTER - POTENTIAL FOR MAXIMUM SENTENCE BUT REDUCED CULPABILITY FOR MURDER BY REASON OF MENTAL STATE - HEAVY SENTENCE NOT EXCESSIVE - NO ERROR OF SENTENCING JUDGE DEMONSTRATED - NOT APPROPRIATE TO INTERVENE WITH DISCRETIONARY ASSESSMENT
LEGISLATION CITED: s 23A Crimes Act 1900
Pearce v The Queen 1998 194 CLR 610 R v Cheatham [2001] NSWSC 560 R v Cikos [2001] NSWSC 35 R v De Gruchy [2000] NSWCCA 51 R v Folbigg [2005] NSWCCA 23 R v Hull [1997] SASC 6087 R v Jang [1999] NSWSC 1153 CASES CITED: R v Letteri, unrep, CCA 18 March 1992 R v Lupton [2003] NSWCCA 200 R v Merritt [2002] NSWSC 1159 and [2004] NSWCCA 19 R v Morgan 1997 18 A Crim R 368 R v Park [2003] NSWCCA 142 R v Scognamiglio 1991 56 A Crim R 81 R v Velevski, unrep NSWSC 26 September 1997 Ryan v The Queen 2001 206 CLR 267
PARTIES: Regina v Steven Anthony Fraser
FILE NUMBER(S): CCA 2004/2660
L. Lamprati, SC (Crown) COUNSEL: J. Stratton SC (Applicant)
S. Kavanagh (DPP) SOLICITORS: S. E. O'Connor (Applicant)
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