R v Fowler [2001] NSWSC 179

R v Fowler [2001] NSWSC 179

The court found beyond reasonable doubt that Fowler fired one of the two guns and was therefore a principal in the first degree, and that the murder was premeditated, deliberately and carefully planned. However, because of the recognised convention against imposing a more severe sentence after reconviction following a successful appeal, the Crown not arguing to the contrary, and the substantial time already spent in custody as a direct result of the crime, the court adopted and adapted Dowd J's earlier sentencing approach and imposed imprisonment for 10 years and 10 months with a non-parole period of six years and 10 months, commencing on 20 February 2001.

Jurisdiction
Australia
Judgment Date
21 February 2001
Procedural Posture
Criminal Law Sentence Murder / Sentence After Jury Found the Offender Guilty of Murder Following Two Prior Convictions That Had Been Quashed on Appeal
Outcome
The offender was convicted of the murder of Trevor Climpson and sentenced to imprisonment for 10 years and 10 months commencing on 20 February 2001, with a non-parole period of six years and 10 months.
Legal Topics
['murder' 're Sentencing After Successful Appeals' 'non Parole Period' 'victim Impact Statement' 'premeditation' 'prior Custody Credit']
['criminal Law' 'sentencing'] ['murder' 're Sentencing After Successful Appeals' 'non Parole Period' 'victim Impact Statement' 'premeditation' 'prior Custody Credit']

Case Brief

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Procedural Posture

Criminal Law Sentence Murder / Sentence After Jury Found the Offender Guilty of Murder Following Two Prior Convictions That Had Been Quashed on Appeal

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's conviction for the murder of Trevor Climpson." 'Whether the sentencing judge should observe the convention that a sentencing judge following reconviction after a successful appeal ordinarily does not impose a sentence more severe than was previously imposed.' 'Whether the offender should be sentenced as a principal in the first degree or as an accessory.' 'How time already spent in custody as a direct result of the crime should affect the sentence.' 'Whether there were special circumstances justifying adjustment of the statutory relationship between the term of sentence and the non-parole period.']

Ratio Decidendi

The court found beyond reasonable doubt that Fowler fired one of the two guns and was therefore a principal in the first degree, and that the murder was premeditated, deliberately and carefully planned. However, because of the recognised convention against imposing a more severe sentence after reconviction following a successful appeal, the Crown not arguing to the contrary, and the substantial time already spent in custody as a direct result of the crime, the court adopted and adapted Dowd J's earlier sentencing approach and imposed imprisonment for 10 years and 10 months with a non-parole period of six years and 10 months, commencing on 20 February 2001.

Court Disposition

The offender was convicted of the murder of Trevor Climpson and sentenced to imprisonment for 10 years and 10 months commencing on 20 February 2001, with a non-parole period of six years and 10 months.

Orders

  • ['Warwick Geoffrey Fowler is convicted of the murder of Trevor Climpson.' 'Warwick Geoffrey Fowler is sentenced to imprisonment for 10 years and 10 months commencing on 20 February 2001.' 'A non-parole period of six years and 10 months is set.']