R v Shepherd [2020] NSWDC 273

R v Shepherd [2020] NSWDC 273

The Court held that the custody threshold was met and that an Intensive Correction Order was inappropriate because the appellant had repeatedly and blatantly disregarded court orders, including an existing ICO and bail conditions, had limited insight or remorse, posed a medium risk of re-offending, and required significant specific deterrence in a domestic violence context. However, special circumstances justified reducing the non-parole period to assist rehabilitation for alcohol-related issues, so the sentences were varied only as to commencement date and non-parole period and were otherwise maintained as concurrent 1 year terms of imprisonment.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Criminal Severity Appeal / Appeal From Sentence Imposed by the Wyong Local Court on 7 May 2020 After Guilty Pleas
Outcome
Appeal dismissed except for variation of the sentences to commence on 26 March 2020 with a 7 month non-parole period.
Legal Topics
['severity Appeal' 'contravention of Apprehended Violence Order' 'intensive Correction Order' 'full Time Custody' 'non Parole Period' 'special Circumstances' 'alcohol Dependence' 'specific Deterrence' 'general Deterrence' 'community Protection']
['criminal Law' 'sentencing' 'domestic Violence'] ['severity Appeal' 'contravention of Apprehended Violence Order' 'intensive Correction Order' 'full Time Custody' 'non Parole Period' 'special Circumstances' 'alcohol Dependence' 'specific Deterrence' 'general Deterrence' 'community Protection']

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Procedural Posture

Criminal Severity Appeal / Appeal From Sentence Imposed by the Wyong Local Court on 7 May 2020 After Guilty Pleas

Legal Issues

  1. 1 ['Whether an Intensive Correction Order was more appropriate than a period of full-time custody for two domestic violence offences involving contravention of an apprehended violence order.' 'Whether special circumstances justified varying the statutory ratio for the non-parole period.' 'Whether the sentences imposed by the Local Court should otherwise be varied on appeal.']

Ratio Decidendi

The Court held that the custody threshold was met and that an Intensive Correction Order was inappropriate because the appellant had repeatedly and blatantly disregarded court orders, including an existing ICO and bail conditions, had limited insight or remorse, posed a medium risk of re-offending, and required significant specific deterrence in a domestic violence context. However, special circumstances justified reducing the non-parole period to assist rehabilitation for alcohol-related issues, so the sentences were varied only as to commencement date and non-parole period and were otherwise maintained as concurrent 1 year terms of imprisonment.

Court Disposition

Appeal dismissed except for variation of the sentences to commence on 26 March 2020 with a 7 month non-parole period.

Orders

  • ['In relation to the offence for sequence H74134252(1), the sentence was varied so that the appellant is sentenced to a period of 1 year imprisonment, commencing 26 March 2020 and expiring on 25 March 2021, with a non-parole period of 7 months; the appellant will be first eligible for parole on 25 October 2020.' 'In...