R v Sheard [2003] NSWCCA 410

R v Sheard [2003] NSWCCA 410

The sentencing judge failed to give adequate attention to the applicant's plea of guilty, remorse, and protective custody, which resulted in a miscarriage of discretion; the appellate court should resentence, confirming sentences for indecent assault but reducing the sentence and non-parole period for aggravated...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 December 2003
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Appellate Judgment
Outcome
Leave to appeal granted, appeal allowed. Sentences for indecent assault confirmed. Sentences for aggravated sexual assault quashed and replaced with concurrent terms of 9 years' imprisonment from 24 April 2002, with a non-parole period of 6 years and 3 months. Applicant eligible for parole on 23 July 2008.
Legal Topics
['application for Leave to Appeal Against Sentence' 'sexual Assault Offences' 'plea of Guilty' 'remorse' 'pre Meditation' 'protective Custody']
['criminal Law'] ['application for Leave to Appeal Against Sentence' 'sexual Assault Offences' 'plea of Guilty' 'remorse' 'pre Meditation' 'protective Custody']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Appellate Judgment

Legal Issues

  1. 1 ["Whether adequate regard was given to applicant's plea of guilty and remorse in sentencing" 'Whether finding of premeditation was available on the evidence' 'Whether sentencing judge failed to take into account protective custody']

Ratio Decidendi

The sentencing judge failed to give adequate attention to the applicant's plea of guilty, remorse, and protective custody, which resulted in a miscarriage of discretion; the appellate court should resentence, confirming sentences for indecent assault but reducing the sentence and non-parole period for aggravated sexual assault.

Court Disposition

Leave to appeal granted, appeal allowed. Sentences for indecent assault confirmed. Sentences for aggravated sexual assault quashed and replaced with concurrent terms of 9 years' imprisonment from 24 April 2002, with a non-parole period of 6 years and 3 months. Applicant eligible for parole on 23 July 2008.

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'Sentences for indecent assault counts confirmed' 'Sentences for aggravated sexual assault counts quashed and replaced with concurrent terms of imprisonment for 9 years, from 24 April 2002' 'Non-parole period set at 6 years and 3 months' 'Applicant eligible for parole on...