R v Owen Henry FRAZER, R v William Wayne SPENCER [2007] NSWSC 1449

R v Owen Henry FRAZER, R v William Wayne SPENCER [2007] NSWSC 1449

The offenders Frazer and Spencer were convicted of manslaughter arising out of participation in an armed robbery where a loaded firearm was contemplated and used, resulting in the killing of the deceased. Both bore significant culpability within a joint criminal enterprise, with Spencer's role as organiser and instigator attracting greater responsibility. The sentences imposed reflect the gravity of the offence, general deterrence, limited mitigating value of background factors, and the principle that involvement in such violent criminal conduct warrants lengthy imprisonment even where the intent to kill is absent.

Parties
Prosecution: Regina; Offender: Owen Henry Frazer; Offender: William Wayne Spencer
Jurisdiction
Australia
Judgment Date
11 December 2007
Procedural Posture
Criminal / Sentencing After Trial
Outcome
conviction and sentence
Legal Topics
Manslaughter, Sentencing, Armed Robbery, Use of Firearm, Non Parole Period
Criminal Law Manslaughter Sentencing Armed Robbery Use of Firearm Non Parole Period

Case Brief

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Parties

Regina

Prosecution

Owen Henry Frazer

Offender

William Wayne Spencer

Offender

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Appropriate sentence for manslaughter occurring during an armed robbery
  2. 2 Relative culpability of co-offenders in unlawful and dangerous act manslaughter
  3. 3 Impact of offenders' backgrounds and prior records on sentence

Ratio Decidendi

The offenders Frazer and Spencer were convicted of manslaughter arising out of participation in an armed robbery where a loaded firearm was contemplated and used, resulting in the killing of the deceased. Both bore significant culpability within a joint criminal enterprise, with Spencer's role as organiser and instigator attracting greater responsibility. The sentences imposed reflect the gravity of the offence, general deterrence, limited mitigating value of background factors, and the principle that involvement in such violent criminal conduct warrants lengthy imprisonment even where the intent to kill is absent.

Court Disposition

conviction and sentence

Orders

  • Frazer sentenced to 11 years imprisonment with a non-parole period of 7.5 years, balance of 3.5 years, commencing 19 May 2006. Eligible for parole 18 November 2013.
  • Spencer sentenced to 13 years imprisonment with a non-parole period of 9.5 years, balance of 3.5 years, commencing 19 May 2006. Eligible for parole 18 November 2015.