NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SHEPHERD v R [2007] NSWCCA 166
HEARING DATE(S): 24 May 2007
JUDGMENT DATE: 19 June 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 23; Smart AJ at 24
DECISION: 1. Grant leave to appeal and uphold the appeal; 2. The sentence imposed on 15 June 2006 be quashed. The applicant resentenced as follows; (a) on the first count the applicant is sentenced to a non-parole period of 2 years to commence on 27 March 2006 and to expire on 26 March 2008 and to a further term of twelve months to commence on 27 March 2008 and expire on 26 March 2009; (b) In relation to the second count the applicant is sentenced to a non-parole period of 2 years to commence on 27 March 2006 and to expire on 26 March 2008 and to a further term of twelve months to commence on 27 March 2008 and expire on 26 March 2009.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - break, enter and steal - significant criminal record - failure by applicant's legal representatives to provide sentencing judge with evidence - evidence now available confirming applicant's mental health problems - whether matter should be remitted to District Court
LEGISLATION CITED: Crimes Act 1900
CASES CITED: R v Birks (1990) 19 NSWLR 677 R v Munro [2006] NSWCCA 350
PARTIES: Michael Shepherd (Appl) The Crown
FILE NUMBER(S): CCA 2007/723
COUNSEL: M Thangaraj (Appl) V Lydiard (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/31/0110
LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ
LOWER COURT DATE OF DECISION: 15 June 2006
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