Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Sheridan (No.2) [2022] NSWSC 1634 Hearing dates: 18 November 2022 Date of orders: 09 December 2022 Decision date: 09 December 2022 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) For the offence of the murder of Hamish Dunn, I impose a sentence of imprisonment comprising a non-parole period of 17 years with a balance of term of 8 years to commence on 16 March 2021.
(2) The first date upon which the Offender will be eligible to be released on parole is 15 March 2038.
Catchwords: CRIME — Murder — Sentence after trial —Deceased child killed in his bedroom — Finding of intention to kill — Objective seriousness of the offence fell just below the mid-range — History of mental illness and drug abuse and addiction — Offence occurred in the context of acute intoxication — Finding of remorse — Offender’s conduct prior to and at trial facilitated the administration of justice
Legislation Cited: Crimes Act 1900 ss 19A(1), 23A
Crimes (High Risk Offenders) Act 2006
Crimes (Sentencing Procedure) Act 1999 Pt 4, Div 1A, ss 3A, 21A, 22, 22A, 30E(3), 44(2)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ss 4, 28
Cases Cited: Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67
Madden v R [2011] NSWCCA 254
Markarian v R (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Gagalowicz [2005] NSWCCA 452
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v Isaacs (1997) 41 NSWLR 374
Texts Cited: Not applicable
Category: Sentence Parties: The Crown
Chadley Sheridan (Offender)Representation: Counsel:
Solicitors:
P Hogan (Crown)
B Robinson (Offender)
Office of the Director of Public Prosecutions (Crown)
Ramsland Laidler Solicitors (Offender)
File Number(s): 2021/74828 Publication restriction: The name of the child victim must not be published or broadcast in a way that connects them with these proceedings: s 15A of the Children (Criminal Proceedings) Act 1987
Judgment
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On 15 March 2021, Hamish Dunn (“the Deceased”) was killed by strangulation by Chadley Sheridan (“the Offender”) whilst in his bedroom at home at Charlestown in the Newcastle area.
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The Offender was arrested in the early hours of the following morning, 16 March 2021, and charged with the murder of the Deceased.
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On 15 September 2022, after a trial which lasted seven days, a jury found the Offender guilty of the murder of the Deceased.
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It is now time for the Offender to be sentenced for his crime.
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The maximum penalty for the offence of murder is life imprisonment: s 19A(1) of the Crimes Act 1900. A standard non-parole period of 25 years applies: Pt 4, Div 1A of the Crimes (Sentencing Procedure) Act 1999 (“the Sentencing Procedure Act”). The maximum term of imprisonment and the standard non‑parole period are guideposts to which…
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- AGLC
- R v Sheridan (No.2) [2022] NSWSC 1634
- Case
- [2022] NSWSC 1634
- Decision Date
CaseChat Overview and Summary
The Court examined the evidence and arguments presented regarding the objective seriousness of the offence, which fell just below the mid-range. The Court also considered the context of the offence, including Sheridan's acute intoxication at the time, and the history of mental illness and drug abuse. The Court acknowledged that Sheridan's conduct prior to and during the trial had facilitated the administration of justice and the finding of remorse. In light of these factors, the Court weighed the appropriate sentence for Sheridan, taking into account the objective seriousness of the offence, the context in which it was committed, and the offender's history and remorse.
After careful consideration of the evidence and arguments, the Court determined that the sentence imposed by the lower court was appropriate. The Court found that the sentence reflected the objective seriousness of the offence, the context in which it was committed, and Sheridan's history and remorse. The Court concluded that the sentence was proportionate to the crime and took into account the relevant mitigating and aggravating factors. The Court dismissed the appeal and upheld the sentence imposed by the lower court.
The Court made no further orders in relation to the case. The decision in R v Sheridan (No.2) serves as a reminder of the importance of considering the unique circumstances of each case when determining an appropriate sentence, and the need to balance the objective seriousness of the offence with the offender's history, context, and remorse.
Orders
Orders of the court
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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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