R v Sheather [2011] NSWSC 1239

Supreme Court New South Wales

Medium Neutral Citation: R v Sheather [2011] NSWSC 1239 Hearing dates: 20 June 2011 Decision date: 21 October 2011 Before: Hoeben J Decision: For the crime of murdering Brett Donald Jones, Ricky John Sheather is sentenced to imprisonment for 20 years with a non-parole period of 15 years. The non-parole period is to commence on 6 December 2009 and is to expire on 5 December 2024 and the balance of term of five years is to expire on 5 December 2029. The earliest date on which Ricky John Sheather will be eligible for release on parole will be 5 December 2024. Catchwords: CRIMINAL LAW - sentencing - murder - intention to inflict grievous bodily harm - significant level of intoxication - whether personality disorder contributed to offence - guilty plea - standard non-parole period not applicable Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Maxwell v R [2007] NSWCCA 304; 177 A Crim R 498 R v Hemsley [2004] NSWCCA 228 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Ricky John Sheather (Offender) Representation: Mr PJ Barnett SC (Crown) Mr TJ Golding (Offender) Director of Public Prosecutions (Crown) Legal Aid Commission of New South Wales (Offender) File Number(s): 2009/274905 Publication restriction: ---

REMARKS ON SENTENCE 1HOEBEN J : The Offender, Ricky John Sheather, is sentenced for the offence of murder. He pleaded guilty to that offence on 20 June 2011 which was the first day of his trial. The Offender has been in custody since his arrest on 6 December 2009. This was the date on which the offence occurred.