Shedden v R [2013] NSWCCA 225

Shedden v R [2013] NSWCCA 225

The applicant's sentence was not in breach of the parity principle, as the marked differences between his culpability and personal circumstances compared to Mr Forbes justified the disparity in sentences; hence, no justified sense of grievance was established.

Parties
Applicant: John Wayne Shedden; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
09 October 2013
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Parity Principle, Manslaughter
Criminal Law Sentence Appeal Parity Principle Manslaughter

Case Brief

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Parties

John Wayne Shedden

Applicant

The Crown

Respondent

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether the sentencing judge should have applied the parity principle to the sentence imposed on the applicant for manslaughter

Ratio Decidendi

The applicant's sentence was not in breach of the parity principle, as the marked differences between his culpability and personal circumstances compared to Mr Forbes justified the disparity in sentences; hence, no justified sense of grievance was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal be granted.
  • Appeal dismissed.