R v Proud [2017] NSWSC 286

R v Proud [2017] NSWSC 286

The offender was to be sentenced on the basis that she introduced Mr Spicer to Ms Evans with the requisite appreciation that really serious harm might be caused to Ms Foreman, but her role was minor, mostly passive and limited in scope. Her offence fell towards the low to moderate end of seriousness for offences of its type. Her prior good character, absence of significant criminal record, history of abuse and depression, abusive relationship, genuine remorse, good prospects of rehabilitation, special circumstances and 10 percent guilty plea discount justified a sentence of 10 years imprisonment with a non-parole period of 6 years.

Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Criminal Sentence / Re Sentencing After Successful Conviction Appeal, New Trial Ordered, and Guilty Plea to Being an Accessory Before the Fact to Murder
Outcome
Michelle Sharon Proud was convicted and sentenced for being an accessory before the fact to the murder of Katherine Foreman.
Legal Topics
['accessory Before the Fact to Murder' 'objective Seriousness' 'mitigating Factors' 'remorse' 'deterrence' 'special Circumstances' 'plea of Guilty']
['criminal Law' 'sentencing'] ['accessory Before the Fact to Murder' 'objective Seriousness' 'mitigating Factors' 'remorse' 'deterrence' 'special Circumstances' 'plea of Guilty']

Case Brief

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Procedural Posture

Criminal Sentence / Re Sentencing After Successful Conviction Appeal, New Trial Ordered, and Guilty Plea to Being an Accessory Before the Fact to Murder

Legal Issues

  1. 1 ['What sentence should be imposed on Michelle Sharon Proud for being an accessory before the fact to the murder of Katherine Foreman.' 'Whether the standard non-parole period applicable to murder applied to the offender as an accessory before the fact.' "How the offender's role, culpability, subjective circumstances, remorse, prospects of rehabilitation, deterrence, special circumstances and guilty plea should affect sentence."]

Ratio Decidendi

The offender was to be sentenced on the basis that she introduced Mr Spicer to Ms Evans with the requisite appreciation that really serious harm might be caused to Ms Foreman, but her role was minor, mostly passive and limited in scope. Her offence fell towards the low to moderate end of seriousness for offences of its type. Her prior good character, absence of significant criminal record, history of abuse and depression, abusive relationship, genuine remorse, good prospects of rehabilitation, special circumstances and 10 percent guilty plea discount justified a sentence of 10 years imprisonment with a non-parole period of 6 years.

Court Disposition

Michelle Sharon Proud was convicted and sentenced for being an accessory before the fact to the murder of Katherine Foreman.

Orders

  • ['Sentenced to a term of imprisonment of 10 years commencing on 21 December 2011 and expiring on 20 December 2021.' 'Non-parole period of 6 years expiring on 20 December 2017.']