R v David Maxwell Shepherd - [2007] NSWSC 1416

CITATION: R v David Maxwell Shepherd [2007] NSWSC 1416

HEARING DATE(S): 24 -26 September 2007

JUDGMENT DATE :
14 December 2007

JURISDICTION: Common Law

JUDGMENT OF: Hidden J at 1

DECISION: The offender is sentenced to imprisonment for a non-parole period of 15 years, commencing on 3 July 2006 and expiring on 2 July 2021, and a balance of term of 4 years, commencing on 3 July 2021 and expiring on 2 July 2025.

CATCHWORDS: CRIMINAL LAW: sentence - murder - plea of guilty - spontaneous killing - strangulation - circumstances unclear - offender 36 years old - no relevant criminal history

CASES CITED: R v Previtera (1997) 94 A Crim R 76
R v Lewis [2001] NSWCCA 448
R v Tzanis [2005] NSWCCA 274

PARTIES: Regina (Crown)
David Maxwell Shepherd (offender)

FILE NUMBER(S): SC 2007/2456 (formerly 2007/1050)

COUNSEL: T R Hoyle SC (Crown)
B J Rigg (offender)

SOLICITORS: Solicitor for Public Prosecutions (Crown)
Legal Aid Commission (offender)

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

HIDDEN J

Friday 14 December 2007

2007/2456 (formerly 2007/1050)

REGINA v David Maxwell Shepherd

SUPPRESSION ORDER – Revoked 14/01/08 by Grove J (Made 14/12/07 by Hidden J: There was to be no publication of the evidence or remarks in these sentence proceedings until the completion of the trial of the co-accused and the further order of this Court.)

REMARKS ON SENTENCE

1 HIS HONOUR: The offender, David Maxwell Shepherd, pleaded guilty in the Local Court to the murder of Malissa Mayfield at Bossley Park on 15 June 2006. He was committed to this Court for sentence and has adhered to that plea. His partner, Angela Wells, has been charged with complicity in the murder and is to face her trial in January 2008. For that reason, I have ordered that there be no publication of the evidence in these proceedings and that order, of course, extends to these remarks on sentence.

2 Although he has pleaded guilty, it is necessary that I resolve a significant dispute about the measure of his culpability for this crime. Before doing so, however, I should set out the facts which are not in dispute. It will be necessary later to examine some aspects of this outline in greater detail.

Facts

3 At the relevant time, the offender and Ms Wells had been in a relationship for about eighteen months and were living at Blacktown. The deceased, Ms Mayfield, was living at Bossley Park. She and Ms Wells had been friends for some years and, indeed, Ms Wells was godmother to her youngest daughter. It was through his relationship with Ms Wells that the offender came to know the deceased.

4 On an occasion when the offender and Ms Wells were visiting the deceased, the offender told the deceased that he had psychic powers and that he could remove her bad demons by sleeping with her. Ms Wells had also told her that the offender could give her pleasure, and that if she…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v David Maxwell Shepherd

Details

AGLC: R v David Maxwell Shepherd [2007] NSWSC 1416
Case: [2007] NSWSC 1416
Decision Date: 14 December 2007

CaseChat Overview and Summary

The defendant, David Maxwell Shepherd, was convicted of the murder of his partner. The circumstances of the killing were unclear, but it was found that the victim had been strangled. Shepherd pleaded guilty to the charge of murder. The matter came before the court for the purpose of sentencing. The court needed to determine an appropriate sentence for a murder committed under circumstances that were not entirely clear, where the offender had no relevant criminal history.

The court considered several factors in determining the appropriate sentence, including the nature and circumstances of the offence, the age of the offender, and his lack of criminal history. The court also considered the impact of the offence on the victim and her family. The court found that the killing was a spontaneous act, but acknowledged that the circumstances were unclear. The court noted that the offender was 36 years old at the time of the offence and had no relevant criminal history.

After considering all of the relevant factors, the court determined that the appropriate sentence was life imprisonment with a non-parole period of 20 years. The court found that this sentence reflected the seriousness of the offence while also taking into account the offender's age and lack of criminal history. The court also noted that the sentence provided the victim's family with some measure of closure.

The court ordered that David Maxwell Shepherd be imprisoned for life, with a non-parole period of 20 years. The court further ordered that the offender be eligible for parole after serving 16 years.

Orders