R v Fesus (No. 9) [2018] NSWSC 176

R v Fesus (No. 9) [2018] NSWSC 176

This was a grave offence of domestic violence murder with high objective gravity. The offender killed his young wife during a domestic dispute, buried her body to conceal the crime, misled authorities and family, has shown no remorse, and the crime has caused continuing harm to the victims' family. The offender's health issues, while relevant, do not amount to a substantial mitigating factor as there is no evidence that imprisonment will have a grave adverse effect on his health. The appropriate sentence, having regard to 1997 sentencing practices, is imprisonment for 22 years with a non-parole period of 16 years and six months, to date from 25 October 2016.

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Criminal / Sentencing After Trial and Conviction
Outcome
Offender sentenced to imprisonment for a term of 22 years with a non-parole period of 16 years and six months, from 25 October 2016.
Legal Topics
['sentencing' 'murder' 'domestic Violence' 'objective Gravity' 'remorse' 'delay in Prosecution' 'health Issues and Sentencing']
['criminal Law'] ['sentencing' 'murder' 'domestic Violence' 'objective Gravity' 'remorse' 'delay in Prosecution' 'health Issues and Sentencing']

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Procedural Posture

Criminal / Sentencing After Trial and Conviction

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender for the murder of his wife in 1997?' "How should the offender's current health issues affect sentencing?" 'What weight should be given to the delay between the offence and prosecution?' 'How should victim impact statements and community harm be taken into account?']

Ratio Decidendi

This was a grave offence of domestic violence murder with high objective gravity. The offender killed his young wife during a domestic dispute, buried her body to conceal the crime, misled authorities and family, has shown no remorse, and the crime has caused continuing harm to the victims' family. The offender's health issues, while relevant, do not amount to a substantial mitigating factor as there is no evidence that imprisonment will have a grave adverse effect on his health. The appropriate sentence, having regard to 1997 sentencing practices, is imprisonment for 22 years with a non-parole period of 16 years and six months, to date from 25 October 2016.

Court Disposition

Offender sentenced to imprisonment for a term of 22 years with a non-parole period of 16 years and six months, from 25 October 2016.

Orders

  • ['The offender is sentenced to imprisonment for 22 years, commencing 25 October 2016 and expiring 24 October 2038.' 'A non-parole period of 16 years and six months, expiring 24 April 2033.' 'The balance of term is five years and six months, expiring 24 October 2038.' "Offender's solicitor to warn him of existence of...