R v F.A.P. [2007] NSWSC 905

R v F.A.P. [2007] NSWSC 905

The sentence reflects that the offence was just short of midrange murder, aggravated by prior abuse and breach of trust but mitigated by the offender's intellectual disabilities, background, plea, and contrition; a discount for plea applied.

Parties
Crown: Regina; Offender: F.A.P.
Jurisdiction
Australia
Judgment Date
17 August 2007
Procedural Posture
Criminal / Sentencing After Plea
Outcome
Conviction and sentence imposed
Legal Topics
Murder, Sentencing, Child Killing, Aboriginal Offender, Mitigating Circumstances
Criminal Law Murder Sentencing Child Killing Aboriginal Offender Mitigating Circumstances

Case Brief

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Parties

Regina

Crown

F.A.P.

Offender

Procedural Posture

Criminal / Sentencing After Plea

Legal Issues

  1. 1 What is the appropriate sentence for murder in the circumstances of a child killing by an Aboriginal offender with a deprived background and low intellect?

Ratio Decidendi

The sentence reflects that the offence was just short of midrange murder, aggravated by prior abuse and breach of trust but mitigated by the offender's intellectual disabilities, background, plea, and contrition; a discount for plea applied.

Court Disposition

Conviction and sentence imposed

Orders

  • Offender convicted of murder
  • Sentenced to a non-parole period of 14.5 years, commencing 8 January 2005, expiring 7 July 2019