R v Fuller [2016] NSWSC 815

Supreme Court New South Wales

Medium Neutral Citation: R v Fuller [2016] NSWSC 815 Hearing dates: 19 April 2016 Date of orders: 14 June 2016 Decision date: 14 June 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Conviction recorded;

(2) Form 1 offences taken into account;

(3) Sentence imposed of 24 and a half years' imprisonment, commencing 4 March 2015 and concluding 3 September 2039, with a non-parole period of 17 years, concluding 3 March 2032. Catchwords: CRIMINAL LAW – murder – early guilty plea – adverse psychologist's report – youth of offender – sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BP v R [2010] NSWCCA 159 R v Robinson [2000] NSWSC 972 Category: Sentence Parties: Regina (Crown) Owen Junior Fuller (Offender) Representation: Counsel: M Pincott (Crown) E Wilson SC (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender) File Number(s): 2013/380993

REMARKS ON SENTENCE 1. HIS HONOUR: The offender, Owen Junior Fuller, has pleaded guilty to murder having killed Corey Mark Power. The Court must sentence him. 2. The offence of murder is the worst offence in the criminal calendar carrying a maximum sentence of life imprisonment and a standard non parole period of 20 years. The imposition of a life sentence is for those murders that are within the worst category of murder and in which the offence "is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through the imposition" of such a sentence.