Regina v Brewer [2001] NSWSC 99

Regina v Brewer [2001] NSWSC 99

The accused, Frederick Keith Brewer, was a prime mover in the plan to rob and assault the deceased, Glen Reay. During the course of the planned attack, Brewer formed the intention to kill and stabbed Reay multiple times with an intent to kill, resulting in his death. Accordingly, the offence was of a high degree of seriousness and warranted a lengthy sentence of imprisonment. Some reduction of the sentence was made to reflect the utilitarian value of the late plea of guilty.

Parties
Prosecution: Crown; Accused: Frederick Keith Brewer
Jurisdiction
Australia
Judgment Date
01 March 2001
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment.
Legal Topics
Murder, Sentencing, Joint Criminal Enterprise, Guilty Plea
Criminal Law Murder Sentencing Joint Criminal Enterprise Guilty Plea

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Parties

Crown

Prosecution

Frederick Keith Brewer

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused intended to kill the deceased at the time of the stabbing
  2. 2 The seriousness and circumstances of the offender's conduct
  3. 3 Appropriate sentence for murder considering mitigating and aggravating factors

Ratio Decidendi

The accused, Frederick Keith Brewer, was a prime mover in the plan to rob and assault the deceased, Glen Reay. During the course of the planned attack, Brewer formed the intention to kill and stabbed Reay multiple times with an intent to kill, resulting in his death. Accordingly, the offence was of a high degree of seriousness and warranted a lengthy sentence of imprisonment. Some reduction of the sentence was made to reflect the utilitarian value of the late plea of guilty.

Court Disposition

Sentenced to imprisonment.

Orders

  • Sentenced to 20 years and 6 months imprisonment.
  • Non-parole period of 15 years and 4 months specified.