R v Fraser [2000] NSWCCA 97
The starting point of seven years was manifestly excessive having regard to the objective facts, subjective circumstances, sentencing precedents, and the applicant's assistance in the prosecution of another. Leave to appeal granted, appeal allowed, and appropriate overall total sentence determined as three and a half years with special circumstances found and relevant minimum and additional terms imposed.
- Parties
- Applicant: Gregory James Fraser; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 24 March 2000
- Procedural Posture
- Criminal Appeal / Leave to Appeal and Re Sentencing
- Outcome
- Appeal allowed
- Legal Topics
- Sentencing, Obtaining Property by Deception, Stealing, Making False Instrument, Assistance in Prosecution, Manifestly Excessive Sentence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gregory James Fraser
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal and Re Sentencing
Legal Issues
- 1 Whether sentences imposed were manifestly excessive
- 2 Appropriateness of the starting point for overall total sentence
- 3 Re-sentencing after granting leave to appeal
Ratio Decidendi
The starting point of seven years was manifestly excessive having regard to the objective facts, subjective circumstances, sentencing precedents, and the applicant's assistance in the prosecution of another. Leave to appeal granted, appeal allowed, and appropriate overall total sentence determined as three and a half years with special circumstances found and relevant minimum and additional terms imposed.
Court Disposition
Appeal allowed
Orders
- Leave to appeal granted
- Appeal against sentence allowed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment