This case, R v Fraser NSWSC 1202, is about the sentencing of Zachary Fraser for the manslaughter of Darcy Schafer-Turner. The incident happened on 27 April 2023, when Darcy went to a unit in Peakhurst, NSW, to collect a drug debt. Darcy was overpowered by Fraser and his associate, Jan Kwacz. They put tape over Darcy’s mouth and held him down, leading to his suffocation. After Darcy died, Fraser and Kwacz took steps to conceal the body, including enlisting someone to help dispose of it. Fraser later pleaded guilty to manslaughter and was sentenced by Justice Chen on 15 October 2025. He received a head sentence of 6 years and 6 months, with a non-parole period of 4 years and 2 months, after a 25% discount for his early guilty plea. The court also noted the application of the Crimes (High Risk Offenders) Act 2006.
Key details of the case
* Case Name: R v Fraser
* Case Number: 2023/00155581
* Court: Supreme Court of New South Wales
* Justice: Chen J
* Date of Decision: 15 October 2025
* Offence: Manslaughter by unlawful and dangerous act
* Victim: Darcy Schafer-Turner
* Offender: Zachary Fraser
* Associate: Jan Kwacz
* Date of Offence: 27 April 2023
* Location: Peakhurst, New South Wales
* Key Events: Darcy went to a unit to collect a drug debt. He was overpowered, taped up, and held down, leading to his suffocation. His body was subsequently concealed and disposed of.
* Plea: Guilty to manslaughter on 26 May 2025.
* Sentence:
* Head sentence: 6 years and 6 months imprisonment.
* Non-parole period: 4 years and 2 months.
* Sentence commenced: 15 May 2023.
* Parole eligibility: 14 July 2027.
* Discount: 25% for early guilty plea.
* Legislation Mentioned: Crimes Act 1900 (NSW), Crimes (Sentencing Procedure) Act 1999 (NSW), Crimes (High Risk Offenders) Act 2006 (NSW).
Simple summary of the judgment
The case revolves around Zachary Fraser being sentenced for his role in the death of Darcy Schafer-Turner. Darcy went to a unit where Fraser and Jan Kwacz were, apparently to collect a drug debt. What happened next was a violent confrontation. Kwacz put Darcy in a chokehold and forced him to the ground, while Fraser was told to get tape. They taped Darcy’s mouth shut, and Fraser sat on his legs as Darcy struggled. Tragically, Darcy suffocated.
The court found that Fraser was part of a joint criminal enterprise with Kwacz, making him responsible for Darcy’s death. The judge, Justice Chen, noted that while Kwacz was the “primary offender in the physical acts that were carried out in the assault,” Fraser’s actions of taping Darcy’s mouth and sitting on his legs were significant because Darcy died from suffocation due to airway obstruction.
A particularly concerning aspect of the case was the cover-up. Neither Fraser nor Kwacz called for medical help. Instead, Fraser, after being told by Kwacz not to leave, took steps to arrange for Darcy’s body to be moved and disposed of, even paying someone to do so. This post-offence conduct was seen as aggravating the seriousness of the crime.
Fraser’s defence argued for mitigation based on his relatively young age, good character, remorse shown through his early guilty plea, and good prospects of rehabilitation due to his abstinence from drugs and psychological support needs. The court accepted that Fraser was genuinely remorseful and unlikely to re-offend.
The judge also considered Fraser’s upbringing and mental health issues, including a diagnosis of Dependent Personality Disorder. However, the court was not convinced that these factors directly caused the offending or significantly reduced his moral culpability, although they were considered in moderating the need for general and specific deterrence.
Ultimately, Justice Chen determined that the offence was “moderately serious.” Taking into account all the factors, including the early guilty plea discount, Fraser was sentenced to 6 years and 6 months imprisonment, with a non-parole period of 4 years and 2 months. The sentence was backdated to when he first went into custody. The judge also informed Fraser about the Crimes (High Risk Offenders) Act 2006.
Q&A
* Is it illegal to assault someone even if you don’t intend to kill them?
Yes, assaulting someone is illegal, even if the intention is not to kill. Manslaughter, as seen in this case, can occur from an unlawful and dangerous act that unintentionally causes death.
* Can you be held responsible for a death if you were part of a group, even if you didn’t directly cause it?
Yes, under the principle of joint criminal enterprise, you can be held responsible for the actions of others in the group if you were part of a plan to commit a crime, and that crime resulted in death.
* Does trying to hide a crime make the punishment worse?
Yes, attempting to conceal a crime, such as disposing of a body, is considered an aggravating factor and can lead to a harsher sentence.
* Is pleading guilty early a good strategy in court?
Generally, yes. An early guilty plea is usually taken into account by the court and can result in a significant discount on the sentence.
* Can personal circumstances like mental health issues or a difficult upbringing reduce a sentence?
Yes, these factors can be considered by the court as mitigating circumstances. However, their impact on the sentence depends on how directly they contributed to the offending and the overall circumstances of the case.
* What is “manslaughter by unlawful and dangerous act”?
This occurs when someone dies as a result of an act that was unlawful and dangerous, meaning a reasonable person would have recognised a risk of serious injury from that act, even if death was not intended.
* What is a “joint criminal enterprise”?
It’s an agreement between two or more people to commit a crime. All participants can be held responsible for the actions of any one of them that were part of the common plan or a reasonably foreseeable consequence of it.
* What is a “non-parole period”?
This is the minimum amount of time an offender must spend in prison before they can be considered for release on parole.
* What is a “head sentence”?
This is the total length of the prison sentence imposed by the court before any discounts or parole considerations are applied.
* What does it mean to be convicted of manslaughter?
It means that a person has been found guilty of causing another person’s death unlawfully, but without the intention to kill (which would be murder).
* Does the court consider the harm done to the victim’s family?
Yes, victim impact statements, which describe the effect of the crime on the victim’s family, are considered by the court when sentencing.
* What are “special circumstances” in sentencing?
These are specific circumstances that may allow a court to depart from standard sentencing practices, such as the offender’s youth or first-time imprisonment, combined with other factors.
* Why was the Crimes (High Risk Offenders) Act 2006 mentioned?
This Act deals with offenders who pose a risk to the community. Being informed of its application means the offender may be subject to ongoing supervision or other measures even after their prison sentence.
* What if someone acts under pressure from another person during a crime?
While acting under pressure can be a factor, its impact on sentencing depends on the specifics. If it significantly reduces moral culpability due to a recognised condition (like mental impairment), it might lead to a reduced sentence. However, simple compliance with instructions, especially in a joint criminal enterprise, doesn’t always negate responsibility.
* Does the court always give a discount for an early guilty plea?
While a discount is common for early guilty pleas, the percentage of the discount varies. It’s based on the stage of the proceedings at which the plea is entered and its utilitarian value.
* What happens if an offender is assaulted in custody?
The court may take into account the “onerous nature of custody,” including assaults, when determining the overall sentence, especially if it adds to the hardship of imprisonment.
You can find more simplified case summaries on NSW Supreme Court cases at [https://medigosa.com/category/nsw-supreme-court-cases/](https://medigosa.com/category/nsw-supreme-court-cases/). For the full judgment of R v Fraser, you can refer to the original source here: [R v Fraser NSWSC 1202](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2025/1202.html).