CITATION: Shannon v Regina [2006] NSWCCA 39 HEARING DATE(S): 24/02/2006
JUDGMENT DATE:
2 March 2006JUDGMENT OF: Mason P at 1; Barr J at 2; Howie J at 3 DECISION: Leave to appeal is granted but the appeal is dismissed. CATCHWORDS: Criminal Law - Sentence - child sexual offences - whether sentence manifestly excessive - vulnerability of the victim - relevance of delay in prosecution. LEGISLATION CITED: Crimes Act 1900 -s 66C(1)
Crimes (Sentencing Procedure) Act 1999 - s 21ACASES CITED: R v Hathaway [2005] NSWCCA 368
R v Barker and Gibson [2006] NSWCCA 20PARTIES: Robert James Shannon v Regina FILE NUMBER(S): CCA 2005/2165 COUNSEL: Dr P. Power SC - Crown
C. Craigie SC - ApplicantSOLICITORS: S. Kavanagh - Crown
Sydney Regional Aboriginal Corp Legal Service - ApplicantLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 04/21/3095 LOWER COURT JUDICIAL OFFICER: Marien DCJ
2005/2165
THURSDAY 2 MARCH 2006MASON P
BARR J
HOWIE J
1 MASON P: I agree with Howie J.
2 BARR J: I agree with Howie J.
3 HOWIE J: On 1 November 2004 the applicant was arraigned before a jury on an indictment containing nine counts of sexual assault offences against a child. On the third day of the trial the applicant asked to be re-arraigned on a fresh indictment alleging three counts of sexual intercourse upon the complainant. He pleaded guilty to each of those offences and was ultimately sentenced by Judge Marien SC (the Judge) to sentences totalling imprisonment for five years with an overall minimum period of imprisonment of three years. The applicant seeks leave to appeal against the severity of those sentences.
4 The three offences to which the applicant pleaded guilty were identical in form and were each worded as follows:
Between 23 April 2030 April 2000, at Rose Meadow in the State of New South Wales, had sexual intercourse with [the complainant] a child then above the age of 10 years and under the age of 16 years, namely 12 years of age.
5 In respect of the first count the applicant was sentenced to a fixed term of imprisonment of 18 months to commence on 20 April 2005 and to expire on 19 October 2006. In respect of the second count the applicant was sentenced to a fixed term of imprisonment of two years commencing on 20 April 2006 and expiring on 19 April 2008. In respect of the third count the applicant was sentenced to imprisonment for three years commencing on 20 June 2007 with a non-parole period of…
Continue reading Shannon v R
Sign in free to access the full text
- AGLC
- Shannon v R [2006] NSWCCA 39
- Case
- [2006] NSWCCA 39
- Decision Date
CaseChat Overview and Summary
The court examined the principles guiding the sentencing of child sexual offences, emphasising the importance of ensuring sentences reflect the gravity of such crimes while also considering the specific circumstances of each case. It was necessary to assess whether the sentence imposed was manifestly excessive, considering the vulnerability of the victim and the delay in prosecution, which might impact the severity of the penalty. The court also had to weigh the arguments presented by both parties concerning the appropriate length of the sentence.
After thorough consideration of the arguments and the applicable legal principles, the court found that the sentence was not manifestly excessive. The delay in prosecution, while relevant, did not warrant a reduction in the sentence. The court held that the sentence imposed was appropriate, given the gravity of the offences and the need to protect the community and deter similar conduct. The appeal was dismissed, and the original sentence was upheld.
No further orders were made by the court. The decision confirmed that the trial judge had correctly applied the relevant principles in determining the sentence for the appellant's convictions.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.