R v Grant [2003] NSWSC 215

R v Grant [2003] NSWSC 215

The prisoner's deliberate conduct in retrieving loaded firearms, moving to within about twenty feet of the deceased, pointing a rifle at the deceased's chest and firing, followed by pointing and firing another gun at Daniel Bradford, proved beyond reasonable doubt an intention to kill. The seriousness of the murder required punishment, deterrence and community protection; the plea to manslaughter narrowed the issues only to a limited extent; and, applying R v Gilmore, there was no reason to impose a sentence greater or less than the original sentence.

Jurisdiction
Australia
Judgment Date
26 March 2003
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict on Retrial
Outcome
Sentenced to imprisonment for a term of 18 years with a non-parole period of 13 years for the murder of Ross Shersingh.
Legal Topics
['murder' 'intoxication' 'intent to Kill' 'non Parole Period' 'retrial After Successful Appeal' 'unaccepted Plea of Guilty to Manslaughter']
['criminal Law' 'sentencing'] ['murder' 'intoxication' 'intent to Kill' 'non Parole Period' 'retrial After Successful Appeal' 'unaccepted Plea of Guilty to Manslaughter']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict on Retrial

Legal Issues

  1. 1 ['Whether the prisoner should be sentenced for murder after the jury rejected his reliance on intoxication and found him guilty.' 'Whether the offending involved an intention to kill, an intention to cause grievous bodily harm, or reckless indifference to human life.' "What effect should be given on sentence to the prisoner's plea of guilty to manslaughter which was not accepted by the Crown." 'Whether, following a successful appeal and retrial, the sentence should be greater than, equal to, or less than the original sentence.']

Ratio Decidendi

The prisoner's deliberate conduct in retrieving loaded firearms, moving to within about twenty feet of the deceased, pointing a rifle at the deceased's chest and firing, followed by pointing and firing another gun at Daniel Bradford, proved beyond reasonable doubt an intention to kill. The seriousness of the murder required punishment, deterrence and community protection; the plea to manslaughter narrowed the issues only to a limited extent; and, applying R v Gilmore, there was no reason to impose a sentence greater or less than the original sentence.

Court Disposition

Sentenced to imprisonment for a term of 18 years with a non-parole period of 13 years for the murder of Ross Shersingh.

Orders

  • ['For the murder of Ross Shersingh, Robert John Grant was sentenced to imprisonment for a term of 18 years with a non-parole period of 13 years.' 'The term and non-parole period were deemed to have commenced on 28 November 2001.' 'Together with the sentence imposed for shooting at Daniel Bradford with intent to...