R v Shiels
Case
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[2015] ACTSC 73
•20 March 2015
Details
AGLC
Case
Decision Date
R v Shiels [2015] ACTSC 73
[2015] ACTSC 73
20 March 2015
CaseChat Overview and Summary
The case of R v Shiels dealt with multiple charges against the defendant, including obtaining property by deception and attempting to obtain property by deception, arising from incidents on 7, 12, and 15 May 2013. The case was heard by the court, which was tasked with confirming the convictions and determining an appropriate sentence, considering Mr Shiels's request for drug rehabilitation and his serious mental health issues. The court also had to take into account an alleged offence in another jurisdiction and the defendant's failure to comply with bail conditions and return to court.
The court was required to address several legal issues, including the proper application of the law to the facts of the case, the appropriate sentence for each offence, and the cumulative effect of the sentences. The court also had to consider the defendant's request for drug rehabilitation and his mental health issues in the context of sentencing. Furthermore, the court needed to decide whether the alleged offence in another jurisdiction should influence the sentence and how to appropriately address the defendant's failure to comply with bail conditions.
The court confirmed the convictions and sentenced Mr Shiels to a total of 18 months imprisonment, with the non-parole period commencing on 16 December 2014 and ending on 15 August 2015. The court took into account the defendant's request for drug rehabilitation and his serious mental health issues, but also considered the need for punishment and deterrence. The court noted Mr Shiels as a prisoner at risk and ordered that the sentences for the offences of obtaining property by deception and attempting to obtain property by deception be cumulative. The court also acknowledged the defendant's failure to comply with bail conditions and his failure to return to court.
The court ordered that the conviction entered on 20 November 2013 of the charge of obtaining property by deception on 7 May 2013 be confirmed, with a sentence of 12 months imprisonment to commence on 16 December 2014. The conviction entered on 20 September 2013 of the offence of obtaining property by deception on 12 May 2013 was also confirmed, with a sentence of nine months imprisonment, to commence on 16 July 2014, that is to be cumulative as to four months on the earlier sentence. The conviction entered on 20 September 2013 of the offence of attempting to obtain property by deception on 15 May 2013 was confirmed, with a sentence of six months imprisonment, to commence on 16 December 2014, that is to be cumulative as to two months on the sentence for the offence of obtaining property by deception on 12 May 2013.
The court was required to address several legal issues, including the proper application of the law to the facts of the case, the appropriate sentence for each offence, and the cumulative effect of the sentences. The court also had to consider the defendant's request for drug rehabilitation and his mental health issues in the context of sentencing. Furthermore, the court needed to decide whether the alleged offence in another jurisdiction should influence the sentence and how to appropriately address the defendant's failure to comply with bail conditions.
The court confirmed the convictions and sentenced Mr Shiels to a total of 18 months imprisonment, with the non-parole period commencing on 16 December 2014 and ending on 15 August 2015. The court took into account the defendant's request for drug rehabilitation and his serious mental health issues, but also considered the need for punishment and deterrence. The court noted Mr Shiels as a prisoner at risk and ordered that the sentences for the offences of obtaining property by deception and attempting to obtain property by deception be cumulative. The court also acknowledged the defendant's failure to comply with bail conditions and his failure to return to court.
The court ordered that the conviction entered on 20 November 2013 of the charge of obtaining property by deception on 7 May 2013 be confirmed, with a sentence of 12 months imprisonment to commence on 16 December 2014. The conviction entered on 20 September 2013 of the offence of obtaining property by deception on 12 May 2013 was also confirmed, with a sentence of nine months imprisonment, to commence on 16 July 2014, that is to be cumulative as to four months on the earlier sentence. The conviction entered on 20 September 2013 of the offence of attempting to obtain property by deception on 15 May 2013 was confirmed, with a sentence of six months imprisonment, to commence on 16 December 2014, that is to be cumulative as to two months on the sentence for the offence of obtaining property by deception on 12 May 2013.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Jurisdiction
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Sentencing
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Contempt of Court
Actions
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Citations
R v Shiels [2015] ACTSC 73
Most Recent Citation
R v Hancock (No 3) [2022] ACTSC 232
Cases Citing This Decision
4
R v Hancock (No 3)
[2022] ACTSC 232
Beniamini v Craig
[2017] ACTSC 30
R v Hancock (No 3)
[2022] ACTSC 232
Cases Cited
9
Statutory Material Cited
2
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[2015] FCAFC 59
Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union
[2015] FCAFC 59
Hinch v Attorney-General (Vic)
[1987] HCA 56