R v Fordham [2009] NSWSC 95

R v Fordham [2009] NSWSC 95

Although the murder was deliberately planned, cold-blooded and involved about 35 injuries, the offender genuinely though mistakenly believed he was protecting EB, her children and himself, and was vulnerable to EB's influence. Those competing considerations placed the offence, as committed by this offender, in the mid-range of objective seriousness. Without the plea and assistance, a 20-year non-parole period with the statutory minimum additional term would have been imposed; a combined 45% discount for the guilty plea and past and future assistance produced a non-parole period of 11 years and a balance of term of three years and eight months.

Jurisdiction
Australia
Judgment Date
18 February 2009
Procedural Posture
Criminal Sentence / Remarks on Sentence After Plea of Guilty on Arraignment to Murder
Outcome
The offender was sentenced to imprisonment with a non-parole period of 11 years and a balance of term of three years and eight months.
Legal Topics
['murder' 'plea of Guilty' 'standard Non Parole Period' 'assistance to Authorities' 'objective Seriousness' 'aggravating Factors' 'remorse']
['criminal Law' 'sentencing'] ['murder' 'plea of Guilty' 'standard Non Parole Period' 'assistance to Authorities' 'objective Seriousness' 'aggravating Factors' 'remorse']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Remarks on Sentence After Plea of Guilty on Arraignment to Murder

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's plea of guilty to murder." "How the objective seriousness of a deliberately planned and brutal killing should be assessed in light of the offender's genuine but misguided belief that he was protecting EB, her children and himself." "What discount should be allowed for the offender's plea of guilty and past and future assistance to authorities."]

Ratio Decidendi

Although the murder was deliberately planned, cold-blooded and involved about 35 injuries, the offender genuinely though mistakenly believed he was protecting EB, her children and himself, and was vulnerable to EB's influence. Those competing considerations placed the offence, as committed by this offender, in the mid-range of objective seriousness. Without the plea and assistance, a 20-year non-parole period with the statutory minimum additional term would have been imposed; a combined 45% discount for the guilty plea and past and future assistance produced a non-parole period of 11 years and a balance of term of three years and eight months.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of 11 years and a balance of term of three years and eight months.

Orders

  • ['Dean Reginald Fordham was sentenced to a non-parole period of 11 years commencing on 18 July 2007 and expiring on 17 July 2018.' 'The offender was sentenced to a balance of term of three years and eight months commencing on 18 July 2018 and expiring on 17 March 2022.' 'The earliest date on which the offender will...