Preview

R V Fraser Case Study

Powerful Essays
Open Document
Open Document
1492 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
R V Fraser Case Study
Year 12 Legal Studies Crime Assessment
Steven Fraser - R v Fraser - Murder of children

Legal Citation: R v Fraser [2003] NSWSC 965 and R v Fraser [2004] NSWSC 53
Elements of the Offence: Steven Fraser murdered his three children – Ashley (7), Ryan (5), and Jarrod (4) – on the weekend of the 18 – 19 August, 2001. They were staying in his Caringbah apartment on a custody visit, where Steven was living after separating with his wife Maria Chona two months prior. Ryan and Jarrod were given doses of Mogadon (sleeping pills) before they were drowned in the bathtub. Ryan’s body was placed on a mattress in the lounge room and Fraser wrote in felt tip pen on his face "I love you Ryan, RIP xo". Jarrod’s body was left in the bedroom with a similar message written on his face. Fraser spent the following day with his daughter Ashley, before attempting to drown her in the bathtub. As she fought hard against him, he struck her on the back of the neck to subdue her. Ashley’s body was then placed on another bed, and written on the wall above her was “There’s no
…show more content…
When the police and detectives arrived, Fraser was arrested and taken to Sutherland Hospital under police guard.
Detectives took evidence from the apartment and the children’s bodies were taken care of by a coroner.
When a crime is reported to police, they have to gather enough information to make an arrest and sustain charges to be proven in court, beyond reasonable doubt.
Evidence must be gathered lawfully or else the prosecution is at risk of it not being able to rely upon in any consecutive hearing or trial as a judge could rule that the evidence is unreasonable.
The role of the courts: Courts have certain jurisdiction over certain areas of the law. There are several levels of court in NSW which are set out in hierarchical order. The NSW Courts are as

You May Also Find These Documents Helpful

  • Good Essays

    Witch Hunt Research Paper

    • 1118 Words
    • 5 Pages

    The next day searchers found a show floating down a creek, which lead them to the three boys. The boys had been tied up and the autopsy revealed that Christopher had passed away due to "multiple injuries" and Michael and Stevie had passed from "multiple injuries and drowning". Two days after the bodies were discovered, police officers brought in Damien Echols for questioning because they believed that the crime had cult overtones and Damien had an interest in occultism. Jessie Misskelley and Jason Baldwin were dragged into the case as well. One month after the murdered boys were found, Damien, Jason, and Jessie were arrested. Jessie Misskelley was tried separately from Damien and Jason. Jessie was borderline mentally retarded. Misskelley was being interrogated for twelve hours by police, even though he was a minor and there was no parental consent. Jessie ended up confessing to being a part of the murders. The police seemed to focus on Jessie because he was en easy target and they thought they could control him. It was later found out that the story that he told was very inconsistent, and he had repeated what the police wanted to hear, so he recanted his confession. Some of the other evidence that the police had found was also questionable, such as the knife found in the pond of the trailer park, which could have belonged to anyone. "There was a remarkable lack of physical evidence against anybody." Prosecuter John…

    • 1118 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Process of the Crj Process

    • 1113 Words
    • 5 Pages

    The first step, investigation and arrest, is very important. Since there is already a crime that has been commented, getting as much evidence at the scene of the crime is critical. At the crime scene is also where the brainstorming begins for the police officers and investigators. An arrest warrant can be granted by a judge and in that warrant it provides, “the legal basis for an apprehension by the police.” (Schmalleger, 2011, p.18) “A warrant is, a writ issued by a judicial officer to perform a specified act and affording the officer protection from damages if he or she performs it.” (Schmalleger, 2011, p.18) Arrest is a serious step in the criminal justice process because no police officer wants to arrest the wrong individual. During the arrest and before the questioning the defendants are advised of their constitutional rights. These rights are known as Miranda Rights. Miranda Rights are a constitutional requirement, it protects the arrestee, and it also protects law enforcement and the prosecution from throwing out any evidence in the trial. After the arrest, suspects are placed in booking. Booking is described as, “A law enforcement or correctional administrative process officially recording an…

    • 1113 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Crime Scene Investigator

    • 2104 Words
    • 9 Pages

    Now in order for them to do this they have to first do a walkthrough of the scene to determine what strategy they will need to use in order to apprehend evidence from the scene (work.chro.com. n.d.). They also need to figure out what equipment and resources will be needed to collect the evidence during their walkthrough of the crime scene. Furthermore, they document the crime scene and all of the evidence that has been collected at the crime scene in order to later be able to testify in court that the evidence in question is from that scene and has been properly documented and collected.…

    • 2104 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    “Innocent until proven guilty”, one of the most well-known quotes heard in media coverage on some of the highest profiled cases trial in the United State Courts System. Acquiring the comfort to know that everyone is assumed innocent until evidence proves otherwise can only be done knowing that all evidence would be collected to the fullest of the law and in the best upheld standers of the court system. The integrity of the evidence is what balance’s out the outcome of all criminal cases and the integrity of the first responder as well as that of the police department. If anything everyone present at a crime scene is responsible during the collected evidences. From the moment it was discover until the scene is cleared. Identifying evidence has it challenges because evidence can be everything within the proximity of a crime scene or many miles or continents away. Distance and jurisdiction alone is difficult to uphold and control. Properly identifying, collecting, and processing the evidence is what makes a…

    • 645 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Courts (Judicial System) role is to interpret laws established from the congress. The Courts are also responsible for reconciling any conflicts that may…

    • 1482 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Csi Essay Example

    • 3977 Words
    • 16 Pages

    When prosecutors present evidence to a court, they must be ready to show that the thing they offer is the same thing the police officers, crime scene investigators, and agents seized. When that evidence is not distinctive but fungible (whether little bags of cocaine, bullet shell casings, or electronic data), the "process or system" which authenticates the item is a hand-to-hand chain of accountability.…

    • 3977 Words
    • 16 Pages
    Good Essays
  • Satisfactory Essays

    Judiciary

    • 1170 Words
    • 5 Pages

    • 11. EVIDENCE Long delays in investigations and trials result in the evidence not holding good in courts due to the loss of whereabouts of key witnesses or witnesses becoming hostile. Difficult to procure evidence to prove guilt “ beyond reasonable doubt” Poor count on convictions brings focus on reforms in investigation techniues & procedures,e.g., a single individual cannot be expected to be expert in both investigations and prosecution. Capacity building of investigators and prosecutors to enhance their skills is essential in this respect.…

    • 1170 Words
    • 5 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The evidence collection process is very extensive and must be accurately recorded and preserved. First there should be a plan of action. This includes making sure everyone at the scene knows how the evidence will be documented. If not all are on the same course of action important evidence could be damaged or removed. For example if an investigator walks on a footprint that was left by the suspect it probably won’t be able to get an accurate picture of the evidence and it is lost.…

    • 673 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Criminal Justice System

    • 1162 Words
    • 5 Pages

    Reporting a crime is the initial step of a criminal investigation process. A crime may be reported by private citizens who may be witnesses to cases; many crimes may go unreported every year due to the reasons such as fear of consequences, inability to report, humiliation or reluctance to become involved. Not all reported crimes are fully investigated and prosecuted as…

    • 1162 Words
    • 5 Pages
    Good Essays
  • Good Essays

    reached the scene of occurrence after the incident and had been told by the other persons who…

    • 4389 Words
    • 21 Pages
    Good Essays
  • Satisfactory Essays

    HSC Legal Studies

    • 315 Words
    • 2 Pages

    For the prosecution to obtain a conviction, they must prove the existence of all elements of a crime to the requisite criminal standard of proof, being beyond a reasonable doubt.…

    • 315 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Court is where disputes are settled, law is born and where individuals accused of criminal crimes are held for trial and sent before a judge to determine their fate. Courts are simply the civilized way of handling an issue in a legal organized manner. It is a critical component of American justice system. Courts id defined by the book as, “An agency or unit of the judicial branch of government, authorized or established by statue or constitution, and consisting of one or more judicial officers, which has authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” (Siegel, Schmalleger, & Worral, 2011). There are four important functions or purposes of the court, Courts are to uphold the law, protect individuals, resolve disputes, and reinforce the social norms.…

    • 949 Words
    • 3 Pages
    Good Essays
  • Better Essays

    During the police investigation, it was said that the crime could have been some sort of sexual assault by a serial killer, but there was no trauma on the boys anuses found by the coroner. Most of the clothes were found in the water next to the bodies, but instead of being torn all of the clothes were turned inside out. Two of the three pairs of underwear were never found, nor were Christopher Byers missing parts. It’s said that serial killers usually take something of the victims, but I’m not convinced Echols, Baldwin or Misskelley would do anything like that. Also at the scene, no blood or weapons were found anywhere around the area. The day after the bodies were discovered, Damien Echols was questioned.…

    • 1927 Words
    • 8 Pages
    Better Essays
  • Best Essays

    Provocation

    • 2272 Words
    • 10 Pages

    The following is an analytical essay that will look at how the defence of provocation operated here in Victoria prior to its abolishment in 2005, this essay will also review recommended changes to Homicide Laws made by the Victorian Law Reform Commission in its Defences to Homicide: Final Report 2004, which of these changes where acted upon and when by the Victorian Government in response to the report. The latter section of this essay will take a deeper look into the offence of homicide reviewing recent conflicting reviews and arguments in regard to either its reform or abolition using internet sources, local media discussions/interviews and relevant case files as supportive evidence for each view.…

    • 2272 Words
    • 10 Pages
    Best Essays
  • Better Essays

    What are the exceptions to the maxim “equity will not assist a volunteer? Give factual examples to support answer and relevant cases.…

    • 1463 Words
    • 6 Pages
    Better Essays