Crown: Director Public Prosecutions Prisoner: Debbie Flynn & Associates
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IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION
HULME J
Thursday, 13 May 2004 70075/03
R v Sharon Lee WARD
REMARKS ON SENTENCE
1 HULME J: The Prisoner has been charged with being an accessory after the fact to the murder by one Craig Reid of Samantha Meredith and has pleaded guilty to that charge. The indictment limits Prisoner’s conduct the subject of the charge to that occurring in the period 7 August to 23 November 2002. The Prisoner was arrested on 7 May 2003 and appeared before me on 17 December last when evidence relevant to the issue of what sentence should be imposed on her was given. Much of the evidence consists of records of interviews, not all consistent, she had had with police officers investigating Ms Meredith’s death. Other evidence included a Statement of Facts about which there was no dispute.
2 The maximum penalty provided by s349 of the Crimes Act for the offence of accessory after the fact to murder is 25 years.
3 Craig Reid was arrested on 23 November 2002 and has been charged with Ms Meredith’s murder. He has pleaded not guilty.
4 It follows from the Prisoner’s plea that, as between the Crown and the Prisoner, all the facts implicit in her plea are established. It follows from the absence of challenge to the Statement of Facts that I am entitled to regard them also as established. Of course, none of those matters are evidence against Mr Reid and the remarks made herein do not represent findings so far as he is concerned.
5 I interpolate in case there are members of the press present, that Mr Reid’s trial is scheduled for, I think, July of this year. Care should be exercised in any public report of the proceedings to ensure that the trial is not prejudiced.
6 In the sentencing process I am required to be satisfied beyond reasonable doubt of any other matters that I use in a manner adverse to the Prisoner. The standard of proof of matters that argue in mitigation is proof on the balance of probabilities.
7 On 22 November 2002, the police discovered the body of Samantha Meredith in the boot of an unregistered car owned by the prisoner and which was, at the time, in a garage on a property “Greg Greg” owned by Craig Reid and his mother at Holbrook. The deceased was wrapped in a jacket of the Prisoner’s. The last known contact of the deceased with persons other than Mr Reid was with her parents on the evening of 7 August 2002. On that night the deceased and Mr…
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.
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Details
AGLC
R v Ward [2004] NSWSC 420
Case
[2004] NSWSC 420
Decision Date
CaseChat Overview and Summary
In the Supreme Court of New South Wales, Sharon Lee Ward was convicted of being an accessory after the fact to the murder of Samantha Meredith by Craig Reid. Ward pleaded guilty to the charge, which pertained to her conduct between 7 August and 23 November 2002. The court had to decide on the appropriate sentence for Ward, considering the mitigating and aggravating factors presented. Ward's actions, which included assisting in cleaning the crime scene, lying to the authorities, and allowing Reid to hide, demonstrated a deliberate intent to aid the principal offender, despite her claims of fear and threats from Reid. The court found that while Ward's participation was influenced by her past experiences of violence and fear, it did not absolve her of responsibility. The court imposed a sentence of 3 years and 6 months imprisonment, with a non-parole period of 2 years and 6 months, acknowledging the seriousness of Ward's involvement and her willingness to assist Reid despite opportunities to inform the authorities.