R v Shiel [2022] NSWDC 648

District Court New South Wales

Medium Neutral Citation: R v Shiel [2022] NSWDC 648 Hearing dates: 5 December 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted. (2) I impose an aggregate sentence of imprisonment for 3 years 6 months to date from 9 January 2022 and to expire on 8 July 2025. (3) I impose a non-parole period of 2 years to date from 9 January 2022 and expiring on 8 January 2024. (4) The earliest date the offender is eligible to be released to parole is 8 January 2024. Catchwords: CRIME – sentencing – intentionally sexually touch child who is of or above the age of 10 years and under the age of 16 years – onerous bail conditions – quasi custody – backdating sentence Legislation Cited: Crimes Act 1900 (NSW) s 66DB(a) Crimes (Sentencing Procedure) Act (NSW) ss 3A, 37, 53A Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Banat v R [2020] NSWCCA 321 Eg v R [2015] NSWCCA 21 Frlanov v R [2018] NSWCCA 267 Hoskins v R [2016] NSWCCA 157 R v Fisher (1989) 40 A Crim R 442 R v Fowler [2003] NSWCCA 321 R v Gavel [2014] NSWCCA 56 R v Webb [2004] NSWCCA 330 Category: Sentence Parties: Rex Mr Michael John Shiel Representation: Counsel: Mr S Odgers SC (Offender)