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R V Fraser Case Study

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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
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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

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