NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Sheehan [No 2] v Regina [2006] NSWCCA 332
HEARING DATE(S): 12/07/06
JUDGMENT DATE: 3 November 2006
JUDGMENT OF: Handley JA at 1; Kirby J at 2; Hoeben J at 29
DECISION: (1) Appellant granted leave to appeal against sentence in respect of count 10. (2) Appeal allowed. (3) The sentence in respect of count 10 set aside and, in lieu thereof, the appellant sentenced to imprisonment for 6 years commencing on 22 November 2004 and expiring on 21 November 2010, with a non parole period of 4 years commencing on 22 November 2004. The first date upon which the appellant will be eligible for parole is 21 November 2008.
CATCHWORDS: Criminal Practice & Procedure - application for leave to appeal against sentence after appeal against conviction allowed on some counts and new trial ordered - conviction confirmed on one count - old offence - judge adopted global approach to sentence - whether sentence on remaining count anomolous and excessive - jurisdiction of Court of Criminal Appeal - re-sentence - sentence reduced.
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
Sheehan v Regina [2006] NSWCCA 233 Shore (1992) 66 A Crim R 37 CASES CITED: MJR (2002) 130 A Crim R 481 R H McL v The Queen (2000) 203 CLR 452 Ryan v The Queen (1982) 149 CLR 1
PARTIES: Ronald John Sheehan (App) Regina (Resp)
FILE NUMBER(S): CCA 2006/701
COUNSEL: H Dhanji (App) P G Ingram (Resp/Crown)
SOLICITORS: J Pearson - LAC (App) S Kavanagh (Resp/Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/61/116
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