R v Mahony & Shenfield

Case [2012] QCA 366


SUPREME COURT OF QUEENSLAND

CITATION:

R v Mahony & Shenfield [2012] QCA 366

PARTIES:

R
v
MAHONY, Rebecca Louise
(applicant)

R
v
SHENFIELD, Andrew Scott
(applicant)

FILE NO/S:

CA No 350 of 2011
CA No 351 of 2011
SC No 959 of 2011
SC No 959 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Applications

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

21 December 2012

DELIVERED AT:

Brisbane

HEARING DATE:

22 October 2012

JUDGES:

Muir and Gotterson JJA and Applegarth J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   For Mahony, refuse the application for leave to appeal against sentence.

2.   For Shenfield,

a.      Grant the application for leave to appeal against sentence;

b.      Allow the appeal to the extent of substituting a term of 18 years imprisonment for the term imposed at sentence;

c.       Otherwise affirm the orders made at sentence.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicants were jointly charged with numerous offences including thirteen counts of rape, making child exploitation material and torture – where the applicant Mahony was also charged with one count of attempted murder – where applicants pleaded guilty – where applicants sentenced to life imprisonment – whether the sentences imposed were manifestly excessive

Penalties and Sentences Act 1992 (Qld), s 13(1)

Ibbs v The Queen (1987) 163 CLR 447; [1987] HCA 46, cited
Markarian v The Queen
(2004) 228 CLR 357; [2005] HCA 25, followed
R v D
[2003] QCA 547, cited
R v Daphney
[2010] QCA 236, cited
R v Farrenkothen & Farrenkothen; ex parte A-G (Qld) [2003] QCA 313, considered
R v Hornby [1996] QCA 446, cited
R v Marshall [1993] 2 Qd R 307; [1992] QCA 155, cited
R v Perini; ex parte A-G (Qld) [2011] QCA 30, cited
R v Robinson [2007] QCA 99, cited
R v Suey [2005] NSWCCA 22, distinguished
Veen v The Queen [No 2] (1987) 164 CLR 465; [1988] HCA 14, followed

COUNSEL:

S Ryan for the applicant, Mahony
R East for the applicant, Shenfield
A W Moynihan SC for the respondent

SOLICITORS:

Legal Aid Queensland for the applicants
Director of Public Prosecutions (Queensland) for the respondent

  1. MUIR JA: I agree with the reasons of Gotterson JA and with the orders he proposes.

  1. GOTTERSON JA:  The two applicants were de facto partners.  Mahony was at the time of the offences a 32 year old mother of four and Shenfield a 40 year old father of two.  On 9 December 2011 they both pleaded guilty in the Supreme Court at Brisbane to 30 offences.  After a sentence hearing which began that day, they were sentenced on 12 December 2011 as follows:

Counts Offence Sentence
5, 6, 7, 9, 11, 13, 14, 15, 16, 19, 20, 29, 30 Rape: s 349…

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Details
AGLC
R v Mahony & Shenfield [2012] QCA 366
Case
[2012] QCA 366
Decision Date

CaseChat Overview and Summary

In the case of R v Mahony & Shenfield, the applicants were jointly charged with numerous serious offences, including thirteen counts of rape, making child exploitation material, torture, and, in Mahony's case, attempted murder. The applicants pleaded guilty to all charges and were subsequently sentenced to life imprisonment by the Supreme Court of Victoria. The applicants then sought leave to appeal against their sentences, arguing that the sentences imposed were manifestly excessive.

The legal issue before the Court of Appeal was whether the sentences imposed on the applicants were manifestly excessive or inadequate. The Court considered the principles applicable to appeals against sentence, particularly the standard of proof required to demonstrate that a sentence is manifestly excessive. The Court also examined the nature and severity of the crimes, the personal circumstances of the applicants, and the principle of proportionality in sentencing.

The Court found that the sentences imposed on Mahony were not manifestly excessive and denied his application for leave to appeal. However, the Court granted Shenfield's application for leave to appeal, finding that his sentence was manifestly excessive. The Court of Appeal substituted a term of 18 years imprisonment for the life sentence imposed at first instance, while affirming the other orders made at sentence. This decision underscores the importance of proportionality in sentencing and the role of appellate courts in ensuring that sentences are not manifestly excessive or inadequate.

Orders

Orders of the court

1. For Mahony, refuse the application for leave to appeal against sentence.

2. For Shenfield,

a. Grant the application for leave to appeal against sentence;

b. Allow the appeal to the extent of substituting a term of 18 years imprisonment for the term imposed at sentence;

c. Otherwise affirm the orders made at sentence.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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