R v J Shedden [2012] NSWSC 759

R v J Shedden [2012] NSWSC 759

The offender's leading role in planning and participating in two armed retaliatory attacks in a suburban street, while knowing members of his group had weapons and believing one had a gun, exposed the victims to a real risk of serious injury and constituted serious manslaughter by unlawful and dangerous act. After allowing a combined 25 per cent discount for the guilty plea and past assistance, including allowance for harsh custody and family consequences, the appropriate sentence was imprisonment for 9 years with a non-parole period of 6 years and 9 months.

Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Criminal Sentencing for Manslaughter by Unlawful and Dangerous Act / Remarks on Sentence Following Plea of Guilty to Manslaughter Accepted in Full Satisfaction of Murder Indictment
Outcome
The offender was sentenced to imprisonment for 9 years with a non-parole period of 6 years and 9 months.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'joint Criminal Enterprise' 'guilty Plea' 'assistance to Authorities' 'protective Custody' 'aggravating Factors' 'parity' 'special Circumstances']
['criminal Law' 'sentencing'] ['manslaughter by Unlawful and Dangerous Act' 'joint Criminal Enterprise' 'guilty Plea' 'assistance to Authorities' 'protective Custody' 'aggravating Factors' 'parity' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Manslaughter by Unlawful and Dangerous Act / Remarks on Sentence Following Plea of Guilty to Manslaughter Accepted in Full Satisfaction of Murder Indictment

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's participation in a joint criminal enterprise to assault the deceased and his companions, during which the deceased was shot and killed." "How the offender's guilty plea and past assistance to authorities should affect the sentence." "Whether the offender's conditions of protective custody and the consequences of his assistance warranted additional allowance." 'Whether parity with the sentence imposed on Daniel Forbes affected sentence.' 'Whether special circumstances justified extending the parole period.']

Ratio Decidendi

The offender's leading role in planning and participating in two armed retaliatory attacks in a suburban street, while knowing members of his group had weapons and believing one had a gun, exposed the victims to a real risk of serious injury and constituted serious manslaughter by unlawful and dangerous act. After allowing a combined 25 per cent discount for the guilty plea and past assistance, including allowance for harsh custody and family consequences, the appropriate sentence was imprisonment for 9 years with a non-parole period of 6 years and 9 months.

Court Disposition

The offender was sentenced to imprisonment for 9 years with a non-parole period of 6 years and 9 months.

Orders

  • ['Imprisonment for 9 years.' 'Non-parole period of 6 years and 9 months to date from 7 July 2010 and to expire on 6 April 2017.' 'Balance of term of 2 years and 3 months to expire on 6 July 2019.']