Shane David Sheppard will be spending another five years and eight months in jail for his part in a robbery at Stephenville Dominion Supermarket and the related public mischief file involving the shooting of co-accused Thomas Hickey in Black Duck Siding the following night.
In April, the 26-year-old entered guilty pleas to five charges including: armed robbery, causing bodily harm with intent, aggravated assault, breach of a firearm prohibition order and forcible confinement.
On Dec. 7, 2010, one night after Mr. Sheppard and Mr. Hickey's involvement in an armed robbery at Dominion, the two staged the shooting of Mr. Hickey to try to throw police off the track of their involvement in the robbery the previous night.
Defence lawyer Derek Hogan argued the risk of injury to Mr. Hickey in the shooting was full and voluntary and that he not only agreed to it, but he actually insisted on it.
During an April court appearance, the defence lawyer made the argument in Stephenville Provincial Court that because of the way the shooting occurred — it was consensual — it might make the charge unconstitutional in this case.
“Thomas Hickey pleaded with him to shoot him and even guided the rifle to his shoulder,” Mr. Hogan said in court April 18. “I’m aware of no case remotely similar to the facts of this crime."
However, in her ruling on the unconstitutionality issue Tuesday, Judge Jacqueline Jenkins dismissed the application. While she made her decision, she did not elaborate, and said it would be provided to Mr. Sheppard’s lawyer.
On discharge of a firearm with intent to cause bodily harm, Mr, Sheppard was sentenced to four years in jail, with a similar sentence of four years for armed robbery, which runs concurrent.
He also received a one-year concurrent term for forcible confinement; a 20-month term for aggravated assault, to run consecutive; and for a breach of firearms prohibition order, he was sentenced to six months and 14 days, which is covered by time served on remand.
Judge Jenkins said in total Mr. Sheppard could be serving more than 11 years but because of some of the concurrent sentences, he is left with less than six years to serve. He was also ordered to provide a DNA sample and given a lifetime firearms prohibition order. She waived any victim fine surcharge.
