R v David Graham FLEMING [2007] NSWSC 673

R v David Graham FLEMING [2007] NSWSC 673

David Graham Fleming is sentenced for murder committed in 1984, applying the sentencing regime and attitudes at that time, not current standards. The physical and psychological difficulties of the offender, favourable rehabilitation prospects, and incarceration burdens are acknowledged but do not warrant undue mitigation given the objective gravity of the offence, which involved predatory violence, sexual motivation, and post-mortem sexual interference with the victim. A sentence of 21 years with a non parole period of 16 years is appropriate, reflecting contemporary sentencing patterns for serious murders of the period.

Parties
Prosecution: Regina; Accused: David Graham Fleming
Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to imprisonment
Legal Topics
Murder, Sentencing, Historical Sentencing Practices, Non Parole Period
Criminal Law Murder Sentencing Historical Sentencing Practices Non Parole Period

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Parties

Regina

Prosecution

David Graham Fleming

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for David Graham Fleming for the 1984 murder of Johanne Hatty, having regard to sentencing practice at the time and subsequent legislative changes?

Ratio Decidendi

David Graham Fleming is sentenced for murder committed in 1984, applying the sentencing regime and attitudes at that time, not current standards. The physical and psychological difficulties of the offender, favourable rehabilitation prospects, and incarceration burdens are acknowledged but do not warrant undue mitigation given the objective gravity of the offence, which involved predatory violence, sexual motivation, and post-mortem sexual interference with the victim. A sentence of 21 years with a non parole period of 16 years is appropriate, reflecting contemporary sentencing patterns for serious murders of the period.

Court Disposition

Convicted; sentenced to imprisonment

Orders

  • Imprisonment for twenty-one years, dated from 18 January 2005 to expire on 17 January 2026.
  • Non parole period of sixteen years, commencing on 18 January 2005 and expiring on 17 January 2021.