R v Shepherd [2006] NSWSC 799

R v Shepherd [2006] NSWSC 799

The offence was murder but was not in the worst category and was below the midrange of objective seriousness for murder. The attack was not premeditated, the weapons were opportunistic, alcohol played a significant part, and the Crown had not proved beyond reasonable doubt an intent to kill rather than an intent to inflict grievous bodily harm. Although the offence involved a weapon and great violence, the offender had previous good character, low risk of re-offending, very good prospects of rehabilitation and a measure of remorse. The 20-year standard non-parole period was therefore not applied, but remained an important guidepost, requiring a lengthy sentence.

Jurisdiction
Australia
Judgment Date
11 August 2006
Procedural Posture
Criminal Sentence for Murder / Remarks on Sentence After Jury Verdict of Guilty
Outcome
Sentenced to imprisonment with a non-parole period of 15 years and a balance of term of 5 years.
Legal Topics
['murder' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'domestic Murder' 'intoxication' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'domestic Murder' 'intoxication' 'victim Impact Statements']

Case Brief

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Procedural Posture

Criminal Sentence for Murder / Remarks on Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's murder of Gabrielle Best." 'Whether the offence fell within the worst category of murder attracting life imprisonment.' 'Whether the standard non-parole period of 20 years for murder should apply.' 'Whether the offender intended to kill or intended to inflict grievous bodily harm.' 'What aggravating and mitigating factors under s21A of the Crimes (Sentencing Procedure) Act 1999 affected sentence.']

Ratio Decidendi

The offence was murder but was not in the worst category and was below the midrange of objective seriousness for murder. The attack was not premeditated, the weapons were opportunistic, alcohol played a significant part, and the Crown had not proved beyond reasonable doubt an intent to kill rather than an intent to inflict grievous bodily harm. Although the offence involved a weapon and great violence, the offender had previous good character, low risk of re-offending, very good prospects of rehabilitation and a measure of remorse. The 20-year standard non-parole period was therefore not applied, but remained an important guidepost, requiring a lengthy sentence.

Court Disposition

Sentenced to imprisonment with a non-parole period of 15 years and a balance of term of 5 years.

Orders

  • ['In relation to the murder of Gabrielle Best, the offender is sentenced to imprisonment with a non-parole period of 15 years to commence on 23 November 2003 and to expire on 22 November 2018.' 'The balance of term is 5 years to expire on 22 November 2023.' 'The offender will be eligible for parole on 22 November...