R v Shepherd, Archie [2009] NSWDC 386

New South Wales District Court

CITATION: R v Shepherd, Archie [2009] NSWDC 386

HEARING DATE(S): 08/09/2009 & 10/09/2009

JUDGMENT DATE: 11 September 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Convicted. Sentence to a non-parole period for 18 months to date from the 11th January 2009 and expiring on the 10th July 2010. Balance of term of 19 months to expire on the 10th February 2012. Section 166 matters: DECISION: Assault Occasioning Actual Bodily Harm:Leave granted. to withdraw charge. Contravene DVO:Pursuant to s.166 Criminal Procedure Act sentenced to 6 months imprisonment to date from the 11th January 2009 and expire on the 10th July 2009. Apprehended Personal Violence Order. Protected person being Twylla Dutton. Standard conditions apply. Order to expire on the 10th February 2012.

CATCHWORDS: Criminal law - sentence - domestic violence - recklessly would girlfriend - sustained assault - fourteen injury sites - use of curtain tubing as weapon to strike victim - purpose of law to protect community including indigenous women in violent domestic relationships - principles in Fernando's case applied..

Gladue v The Queen [1999] 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 CASES CITED: R v Rushby [1977] NSWLR 597 R v Hayes [1984] 1 NSWLR 740 R v Fernando (1992) 76 A.Crim.R. 58

PARTIES: Regina Archie Allen Shepherd

FILE NUMBER(S): 2008/20326

COUNSEL: Crown: C Simpson

SOLICITORS: Defence: Mr. W Burton

JUDGMENT 1. Archie Allen Shepherd is clearly very damaged goods packaged in the form a young athletic looking Aboriginal man. His evidence is that he was "raised to be wild". Since adulthood (2004) he has been in and out of gaol four times. He sees, with some sense of frustration, that if this cycle keeps up he will die in custody. My view is that there is a very real possibility he will be a traumatic death in custody.