R v Faehndrich [2008] NSWSC 877

R v Faehndrich [2008] NSWSC 877

The appropriate sentence for conviction of murder committed by an offender with significant mental illness and limited provocation, but lacking in full acceptance of responsibility, is 20 years imprisonment with a non-parole period of 15 years, given the objective seriousness of the offence is in the lower half of the middle range and the offender's prospects of rehabilitation are uncertain, warranting some specific deterrence but little weight to general deterrence.

Parties
Prosecution: Regina; Defendant: John Harry Faehndrich
Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Convicted; sentenced to imprisonment
Legal Topics
Sentencing, Murder, Mental Illness, Provocation, Deterrence, Standard Non Parole Period
Criminal Law Sentencing Murder Mental Illness Provocation Deterrence Standard Non Parole Period

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Parties

Regina

Prosecution

John Harry Faehndrich

Defendant

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for murder where mental illness is present
  2. 2 Application of provocation and partial defence of substantial impairment by abnormality of mind
  3. 3 Assessment of objective seriousness of the offence

Ratio Decidendi

The appropriate sentence for conviction of murder committed by an offender with significant mental illness and limited provocation, but lacking in full acceptance of responsibility, is 20 years imprisonment with a non-parole period of 15 years, given the objective seriousness of the offence is in the lower half of the middle range and the offender's prospects of rehabilitation are uncertain, warranting some specific deterrence but little weight to general deterrence.

Court Disposition

Convicted; sentenced to imprisonment

Orders

  • Sentenced to imprisonment for 20 years with a non-parole period of 15 years commencing 21 August 2006, expiring 20 August 2021; balance of 5 years to expire 20 August 2026.
  • Eligible to be released to parole on 20 August 2021, with condition of continuing psychiatric treatment and appropriate medication.