R v Shepherd [2003] NSWCCA 9

R v Shepherd [2003] NSWCCA 9

By majority, although the offence was very serious and a significantly higher sentence could properly have been imposed, the sentence of four years imprisonment with a non-parole period of two years was lenient but did not demonstrate such inadequacy as to warrant intervention by the Court on a Crown appeal.

Jurisdiction
Australia
Judgment Date
06 February 2003
Procedural Posture
Crown Appeal Against Sentence / Appeal to the Court of Criminal Appeal
Outcome
Appeal dismissed by majority.
Legal Topics
['sexual Intercourse Without Consent' 'manifest Inadequacy of Sentence' 'crown Appeal Against Sentence' 'special Circumstances' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'manifest Inadequacy of Sentence' 'crown Appeal Against Sentence' 'special Circumstances' 'general Deterrence' 'specific Deterrence']

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Procedural Posture

Crown Appeal Against Sentence / Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of imprisonment for four years with a non-parole period of two years for sexual intercourse without consent was manifestly inadequate.' 'Whether the sentencing judge failed to impose a sentence reflecting the objective seriousness of the offence and the need for general and specific deterrence.' "Whether the non-parole period adequately marked the respondent's criminality despite special circumstances."]

Ratio Decidendi

By majority, although the offence was very serious and a significantly higher sentence could properly have been imposed, the sentence of four years imprisonment with a non-parole period of two years was lenient but did not demonstrate such inadequacy as to warrant intervention by the Court on a Crown appeal.

Court Disposition

Appeal dismissed by majority.

Orders

  • ['Appeal dismissed by majority.']