R v Shepherd [2010] NSWSC 154

New South Wales Supreme Court

CITATION : R v Shepherd [2010] NSWSC 154

HEARING DATE(S) : 9 November 2009, 26 February 2010

JUDGMENT DATE : 5 March 2010

JUDGMENT OF : R A Hulme J

DECISION : Sentenced to imprisonment for 7 years with a non-parole period of 4 years 6 months.

CATCHWORDS : CRIMINAL LAW - sentence - manslaughter - unlawful and dangerous act - killing by father of 4 1/2 month old baby by throwing onto a bed - lower range of seriousness - plea of guilty

LEGISLATION CITED : Children's (Criminal Proceedings) Act 1987

CATEGORY : Sentence

Leach v The Queen [2008] NSWCCA 73 R v Backlidge, unreported, 12 December 1995 NSWCCA R v Dawes [2004] NSWCCA 363 CASES CITED : R v Forbes [2005] NSWCCA 377; 160 A Crim R 1 R v Hoerler [2004] NSWCCA 184; 147 A Crim R 520 R v Vaughan 1991 56 A Crim R R v Woodland [2001] NSWSC 416

PARTIES : Regina Clifford George Shepherd

FILE NUMBER(S) : SC 2009/3073

COUNSEL : Mr R Hoenig (Regina) Mr A Haesler SC (Offender)

SOLICITORS : Solicitor for Public Prosecutions Legal Aid NSW

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

R A Hulme J

5 March 2010

2009/3073 Regina v Clifford George SHEPHERD

SENTENCE

1 HIS HONOUR: Jeremy was born at Campbelltown on 22 May 2006. He died at the age of 4 ½ months on 3 October 2006. The cause of death was blunt force head injury. Clifford George Shepherd is Jeremy's father. He was charged with murder. On 9 November 2009, the day of his trial, he pleaded not guilty to murder but guilty to manslaughter. The Crown accepted that plea in full satisfaction of the indictment.