R v WARD [2004] NSWSC 420

New South Wales Supreme Court

CITATION : R v WARD [2004] NSWSC 420 HEARING DATE(S) : 17 December 2003 JUDGMENT DATE : 13 May 2004

JUDGMENT OF : Hulme J at 1 DECISION : See paragraph 64.

PARTIES : Regina Sharon Lee Ward FILE NUMBER(S) : SC 70075/03 COUNSEL : Crown: Mr G Larve Prisoner: Ms D Yehia SOLICITORS : Crown: Director Public Prosecutions Prisoner: Debbie Flynn & Associates

- 17 - IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

HULME J

Thursday, 13 May 2004 70075/03 R v Sharon Lee WARD REMARKS ON SENTENCE 1 HULME J: The Prisoner has been charged with being an accessory after the fact to the murder by one Craig Reid of Samantha Meredith and has pleaded guilty to that charge. The indictment limits Prisoner's conduct the subject of the charge to that occurring in the period 7 August to 23 November 2002. The Prisoner was arrested on 7 May 2003 and appeared before me on 17 December last when evidence relevant to the issue of what sentence should be imposed on her was given. Much of the evidence consists of records of interviews, not all consistent, she had had with police officers investigating Ms Meredith's death. Other evidence included a Statement of Facts about which there was no dispute. 2 The maximum penalty provided by s349 of the Crimes Act for the offence of accessory after the fact to murder is 25 years. 3 Craig Reid was arrested on 23 November 2002 and has been charged with Ms Meredith's murder. He has pleaded not guilty. 4 It follows from the Prisoner's plea that, as between the Crown and the Prisoner, all the facts implicit in her plea are established. It follows from the absence of challenge to the Statement of Facts that I am entitled to regard them also as established. Of course, none of those matters are evidence against Mr Reid and the remarks made herein do not represent findings so far as he is concerned. 5 I interpolate in case there are members of the press present, that Mr Reid's trial is scheduled for, I think, July of this year. Care should be exercised in any public report of the proceedings to ensure that the trial is not prejudiced. 6 In the sentencing process I am required to be satisfied beyond reasonable doubt of any other matters that I use in a manner adverse to the Prisoner. The standard of proof of matters that argue in mitigation is proof on the balance of probabilities.