R v Fuller (No 5) [2025] NSWSC 76

R v Fuller (No 5) [2025] NSWSC 76

The sentence imposed reflects the seriousness of the murder and intimidation offences, the offender's reduced moral culpability due to significant childhood trauma and diagnosed mental health disorders, lack of genuine remorse, poor rehabilitation prospects, adverse incarceration conditions, and applicable statutory and common law principles. The murder offence was found to be especially egregious and above mid-range seriousness, with a backdated aggregate sentence totaling 28 years' imprisonment and a fixed term for the intimidation offence. Special circumstances were found, warranting modest adjustment to the non-parole period ratio, and relevant sentencing discounts were applied for...

Parties
Prosecution: Rex; Accused: Connor Fuller
Jurisdiction
Australia
Judgment Date
07 March 2025
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment for murder and intimidation; back-up charge dismissed.
Legal Topics
Sentence, Murder, Intimidation, Trial by Judge Alone, Mental Health and Moral Culpability, Objective Seriousness, Totality, Special Circumstances
Criminal Law Sentence Murder Intimidation Trial by Judge Alone Mental Health and Moral Culpability Objective Seriousness Totality +1 more

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Parties

Rex

Prosecution

Connor Fuller

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Determination of appropriate sentence for murder and intimidation offences
  2. 2 Effect of offender's mental health and childhood trauma on sentence
  3. 3 Evaluation of objective seriousness of the offences

Ratio Decidendi

The sentence imposed reflects the seriousness of the murder and intimidation offences, the offender's reduced moral culpability due to significant childhood trauma and diagnosed mental health disorders, lack of genuine remorse, poor rehabilitation prospects, adverse incarceration conditions, and applicable statutory and common law principles. The murder offence was found to be especially egregious and above mid-range seriousness, with a backdated aggregate sentence totaling 28 years' imprisonment and a fixed term for the intimidation offence. Special circumstances were found, warranting modest adjustment to the non-parole period ratio, and relevant sentencing discounts were applied for...

Court Disposition

Offender sentenced to imprisonment for murder and intimidation; back-up charge dismissed.

Orders

  • For the offence of intimidation of Gregory Hunt, the offender is sentenced to a fixed sentence of 19 weeks imprisonment, backdated to commence on 28 July 2021 and to expire on 7 December 2021.
  • For the offence of murder of Mark Tozer, the offender is sentenced to a term of imprisonment of 28 years, backdated to commence on 28 September 2021 and to expire on 27 September 2049. A non-parole period of 19 years and 6 months is fixed, expiring on 27 March 2041.