Sheard v R

Sheard v R

The court declined to interfere with the sentence because the findings of fact were made without oral evidence at the Newton hearing, and it would be unfair to substitute its own findings or penalise the respondent for the Crown's failure to call evidence. The sentence, though arguably lenient, was not unduly so in...

Source-derived case information.

Parties
Respondent: Jordan Sheard; Appellant: Regina
Jurisdiction
England and Wales
Judgment Date
10 July 2013
Procedural Posture
Criminal Appeal / Attorney General's Reference – Appeal Against Sentence for Manslaughter
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Manslaughter, Sentencing, Attorney General's Reference, Vulnerability of Victim, Newton Hearing
Criminal Law Manslaughter Sentencing Attorney General's Reference Vulnerability of Victim Newton Hearing

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Parties

Jordan Sheard

Respondent

Regina

Appellant

Procedural Posture

Criminal Appeal / Attorney General's Reference – Appeal Against Sentence for Manslaughter

Legal Issues

  1. 1 Whether the sentence imposed for manslaughter was unduly lenient
  2. 2 Whether the judge erred in findings of fact regarding bullying, vulnerability, and aggravating features
  3. 3 Whether the Newton hearing should have involved oral evidence

Ratio Decidendi

The court declined to interfere with the sentence because the findings of fact were made without oral evidence at the Newton hearing, and it would be unfair to substitute its own findings or penalise the respondent for the Crown's failure to call evidence. The sentence, though arguably lenient, was not unduly so in the circumstances.

Court Disposition

Appeal dismissed; sentence upheld