R v Fernando [2001] NSWSC 294

R v Fernando [2001] NSWSC 294

The offence of murder by the prisoner was particularly grave and aggravated by premeditation and the fact that he was already serving a sentence for murder. However, given the circumstances, the concession by the Crown, and considering the gravity of the case did not reach the worst category of murder, a life sentence was not imposed. The prisoner was sentenced to 30 years imprisonment with a non-parole period of 22 years, reflecting the seriousness of the offence, the need for general and specific deterrence, and some allowance for his guilty plea.

Parties
Prosecution: Regina; Accused: Vester Allan Fernando
Jurisdiction
Australia
Judgment Date
20 April 2001
Procedural Posture
Criminal / Sentencing
Outcome
Prisoner sentenced to 30 years imprisonment with a non-parole period of 22 years, commencing from 22 September 1999.
Legal Topics
Sentencing, Murder, Aggravating and Mitigating Factors, Concurrent Sentences, Non Parole Periods
Criminal Law Sentencing Murder Aggravating and Mitigating Factors Concurrent Sentences Non Parole Periods

Case Brief

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Parties

Regina

Prosecution

Vester Allan Fernando

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder by a prisoner already serving a life sentence
  2. 2 Whether a life sentence is warranted for a second murder by the same offender
  3. 3 Relevance of prior conviction for murder to current sentencing

Ratio Decidendi

The offence of murder by the prisoner was particularly grave and aggravated by premeditation and the fact that he was already serving a sentence for murder. However, given the circumstances, the concession by the Crown, and considering the gravity of the case did not reach the worst category of murder, a life sentence was not imposed. The prisoner was sentenced to 30 years imprisonment with a non-parole period of 22 years, reflecting the seriousness of the offence, the need for general and specific deterrence, and some allowance for his guilty plea.

Court Disposition

Prisoner sentenced to 30 years imprisonment with a non-parole period of 22 years, commencing from 22 September 1999.

Orders

  • Imprisonment for 30 years
  • Non-parole period of 22 years