R v Shepherd [2010] NSWSC 154

R v Shepherd [2010] NSWSC 154

Although the offender's spontaneous act caused the death of a very young child while the offender stood in a position of trust as the child's father, the Court was not satisfied that he was aware the act was dangerous, and assessed objective seriousness in the lower range. Taking into account the guilty plea, remorse, criminal history, good prospects of rehabilitation, low likelihood of reoffending, and special circumstances requiring a longer parole period, the Court imposed imprisonment for 7 years with a non-parole period of 4 years 6 months.

Jurisdiction
Australia
Judgment Date
05 March 2010
Procedural Posture
Criminal Sentence for Manslaughter / Sentence After Plea of Guilty to Manslaughter Accepted in Full Satisfaction of Indictment for Murder
Outcome
Convicted and sentenced to imprisonment for 7 years with a non-parole period of 4 years 6 months.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'child Death' 'plea of Guilty' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter' 'unlawful and Dangerous Act' 'child Death' 'plea of Guilty' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Manslaughter / Sentence After Plea of Guilty to Manslaughter Accepted in Full Satisfaction of Indictment for Murder

Legal Issues

  1. 1 ['Assessment of the objective seriousness of manslaughter where a father caused the death of his 4 1/2 month old child by tossing him onto a bed' "Weight to be given to the offender's guilty plea, remorse, criminal history, psychological vulnerabilities and prospects of rehabilitation" 'Whether special circumstances warranted a longer parole period than statutory proportions']

Ratio Decidendi

Although the offender's spontaneous act caused the death of a very young child while the offender stood in a position of trust as the child's father, the Court was not satisfied that he was aware the act was dangerous, and assessed objective seriousness in the lower range. Taking into account the guilty plea, remorse, criminal history, good prospects of rehabilitation, low likelihood of reoffending, and special circumstances requiring a longer parole period, the Court imposed imprisonment for 7 years with a non-parole period of 4 years 6 months.

Court Disposition

Convicted and sentenced to imprisonment for 7 years with a non-parole period of 4 years 6 months.

Orders

  • ['Convicted.' 'Sentenced to imprisonment comprising a non-parole period of 4 years 6 months and a balance of the term of the sentence of 2 years 6 months.' 'The sentence is to date from 15 August 2007 and the offender will be eligible for release on parole on the expiration of the non-parole period on 14 February...