13 March 2019

DPP appeal allowed

The sentence imposed on a man for committing child sex offences against his step-daughter has been increased following an appeal by the Director of Public Prosecutions.

Owen Shearer (a pseudonym) pleaded guilty in the County Court to four charges of incest and was sentenced to eight years and six months’ imprisonment, with a non-parole period of five years and six months.

DPP Kerri Judd QC appealed against the sentence on the basis that the individual sentences and the total effective sentence were manifestly inadequate.

The Court of Appeal yesterday allowed the Director’s appeal and resentenced Shearer to 10 years and six months’ imprisonment, with a non-parole period of seven years and six months.

In its judgment, the Court said that the sentences imposed failed to have regard to what had recently been said by the Court of Appeal and High Court in relation to the need for higher sentences for incest.

The resentencing also took into account Shearer’s aggravated post-offence conduct and lengthy criminal history which included violence against women.

For further information contact:

Danielle Alosi

03 9603 7858