Sheehan [No 2] v Regina [2006] NSWCCA 332

Sheehan [No 2] v Regina [2006] NSWCCA 332

Because the sentencing judge imposed a global sentence structure reflecting escalating conduct across counts 1 to 7 and count 10, the quashing of the convictions on counts 1 to 7 made the unaltered sentence on count 10 anomalous. The Court had jurisdiction under s7(1) of the Criminal Appeal Act 1912 to resentence de novo, and a reduced sentence of 6 years with a 4 year non-parole period was warranted for the serious count 10 offence, allowing to a limited extent for delay, special circumstances, and the appellant's age and health.

Jurisdiction
Australia
Judgment Date
03 November 2006
Procedural Posture
Criminal Appeal Against Sentence; Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Resentencing After Prior Appeal Against Conviction Allowed on Counts 1 to 7 and Dismissed on Count 10
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence on count 10 set aside and substituted with a reduced sentence.
Legal Topics
['leave to Appeal Against Sentence' 'resentencing After Convictions Quashed on Some Counts' 'jurisdiction Under S7(1) of the Criminal Appeal Act 1912' 'child Sexual Offences' 'global Sentencing Approach' 'special Circumstances']
['criminal Law' 'criminal Procedure' 'sentencing'] ['leave to Appeal Against Sentence' 'resentencing After Convictions Quashed on Some Counts' 'jurisdiction Under S7(1) of the Criminal Appeal Act 1912' 'child Sexual Offences' 'global Sentencing Approach' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence; Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Resentencing After Prior Appeal Against Conviction Allowed on Counts 1 to 7 and Dismissed on Count 10

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal had jurisdiction to resentence the appellant on count 10 after convictions on counts 1 to 7 were quashed and a new trial ordered.' 'Whether the sentence on count 10 was anomalous and excessive because the sentencing judge had adopted a global approach reflecting escalating conduct across all counts.' "What sentence should be imposed for count 10 having regard to the seriousness of the offence, delay, the appellant's age and health, lack of remorse, and special circumstances."]

Ratio Decidendi

Because the sentencing judge imposed a global sentence structure reflecting escalating conduct across counts 1 to 7 and count 10, the quashing of the convictions on counts 1 to 7 made the unaltered sentence on count 10 anomalous. The Court had jurisdiction under s7(1) of the Criminal Appeal Act 1912 to resentence de novo, and a reduced sentence of 6 years with a 4 year non-parole period was warranted for the serious count 10 offence, allowing to a limited extent for delay, special circumstances, and the appellant's age and health.

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence on count 10 set aside and substituted with a reduced sentence.

Orders

  • ['The appellant be granted leave to appeal against sentence in respect of count 10.' 'The appeal be allowed.' 'The sentence in respect of count 10 be set aside and, in lieu thereof, the appellant be sentenced to imprisonment for 6 years commencing on 22 November 2004 and expiring on 21 November 2010, with a non...