R v Fuller [2016] NSWSC 815

R v Fuller [2016] NSWSC 815

The murder was objectively well above mid-range because the offender lured the deceased by deception, intended to assault him, used a weapon and carried out a frenzied tomahawk attack, but it was not in the worst category because it involved an intention to inflict really serious injury rather than an intention to kill. The offender's youth, abusive and deprived childhood, early guilty plea and some acceptance of responsibility mitigated sentence, while the Form 1 offences, psychological assessment suggesting psychopathy, lack of genuine remorse, risks of reoffending and need for protection of society increased the need for deterrence, retribution and community protection. A sentence of...

Jurisdiction
Australia
Judgment Date
14 June 2016
Procedural Posture
Criminal Sentence for Murder / Sentencing After Guilty Plea
Outcome
Conviction recorded; Form 1 offences taken into account; sentence imposed of 24 and a half years' imprisonment with a non-parole period of 17 years.
Legal Topics
['murder' 'early Guilty Plea' 'form 1 Offences' 'youth of Offender' 'psychological Assessment' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'early Guilty Plea' 'form 1 Offences' 'youth of Offender' 'psychological Assessment' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for murder where the offender pleaded guilty at the earliest opportunity and Form 1 offences were to be taken into account.' 'How to assess the objective seriousness of a murder involving limited premeditation, a frenzied tomahawk attack and intention to inflict really serious injury rather than intention to kill.' "How to balance the offender's youth, deprived and abusive background, psychological assessment suggesting psychopathy, lack of genuine remorse, risk of reoffending and need for community protection."]

Ratio Decidendi

The murder was objectively well above mid-range because the offender lured the deceased by deception, intended to assault him, used a weapon and carried out a frenzied tomahawk attack, but it was not in the worst category because it involved an intention to inflict really serious injury rather than an intention to kill. The offender's youth, abusive and deprived childhood, early guilty plea and some acceptance of responsibility mitigated sentence, while the Form 1 offences, psychological assessment suggesting psychopathy, lack of genuine remorse, risks of reoffending and need for protection of society increased the need for deterrence, retribution and community protection. A sentence of...

Court Disposition

Conviction recorded; Form 1 offences taken into account; sentence imposed of 24 and a half years' imprisonment with a non-parole period of 17 years.

Orders

  • ['Conviction recorded.' 'Form 1 offences taken into account.' "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." 'The offender is first eligible for release on parole on 3 March 2032.']