Fraser, W.G. v. Regina [1985] FCA 597

Fraser, W.G. v. Regina [1985] FCA 597

The sentencing judge erred by (1) fixing the non-parole period having regard to remissions under New South Wales law contrary to authority, (2) imposing a fine without evidence of the offender's means or finding of ill-gotten gains, and (3) making remarks suggesting he took into account matters not in issue (use of mallets and pistol), which was improper and justified reduction in sentence.

Parties
Appellant: William Graham Fraser; Respondent: Regina
Jurisdiction
Australia
Judgment Date
27 November 1985
Procedural Posture
Criminal Appeal / Appeal of Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Imprisonment, Non Parole Period, Imposition of Fines, Means of Offender
Criminal Law Sentencing Imprisonment Non Parole Period Imposition of Fines Means of Offender

Case Brief

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Parties

William Graham Fraser

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal of Sentence

Legal Issues

  1. 1 Whether a non-parole period may be fixed having regard to remissions available under New South Wales legislation
  2. 2 Whether a fine should be imposed without evidence of the offender's means
  3. 3 Whether remarks by the sentencing judge regarding mallets and an unlicensed pistol impermissibly influenced sentencing

Ratio Decidendi

The sentencing judge erred by (1) fixing the non-parole period having regard to remissions under New South Wales law contrary to authority, (2) imposing a fine without evidence of the offender's means or finding of ill-gotten gains, and (3) making remarks suggesting he took into account matters not in issue (use of mallets and pistol), which was improper and justified reduction in sentence.

Court Disposition

appeal allowed in part

Orders

  • The sentence of 8 years imprisonment is set aside and substituted with 7.5 years imprisonment.
  • A non-parole period of 4 years and 3 months is fixed.