Sheiles v R [2018] NSWCCA 285

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sheiles v R [2018] NSWCCA 285 Hearing dates: 28 November 2018 Decision date: 07 December 2018 Before: Hoeben CJ at CL at [1]; Bellew J at [46]; Campbell J at [47] Decision: (1) Leave to appeal against sentence is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – applicant found guilty of manslaughter after trial – applicant stabbed deceased with a large knife after being sexually assaulted by him – intention of applicant to inflict grievous bodily harm not to kill – applicant aware that deceased had a terminally ill wife and a young daughter – whether aggravating factor that applicant's action deprived ill wife of her carer and in due course would make the daughter an orphan – whether principle in R v Previtera applies – sentence appeal dismissed. Legislation Cited: Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Crimes (Sentencing Procedure) Act 1999 (NSW) – s 3A(g), 21A(2)(g), 21A(4), 21A(5) Cases Cited: Josefski v R [2010] NSWCCA 41; 217 A Crim R 183 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Aytugrul [2009] NSWSC 275 R v Berg [2004] NSWCCA 300 R v Bollen (1998) 99 A Crim R 510 R v Dang [1999] NSWCCA 42 R v Droudis (No 16) [2017] NSWSC 20 R v Gilson (No 3) [2017] NSWSC 1670 R v Lewis [2001] NSWCCA 448 R v Naden [2013] NSWSC 759 R v Previtera (1997) 94 A Crim R 76 R v Ronald Edward Medich (No 43) [2018] NSWSC 886 R v Wickham [2004] NSWCCA 193 SBF v The Queen [2009] NSWCCA 23; 198 A Crim R 219 Category: Principal judgment Parties: Trudy Jane Sheiles (aka Gilson) – Applicant Regina – Respondent Crown Representation: Counsel: C Smith SC – Applicant E Balodis – Respondent Crown