Regina v Bradley James HANLON [2000] NSWCCA 55

Regina v Bradley James HANLON [2000] NSWCCA 55

The sentencing judge erred by treating Jurisic as excluding special circumstances. The applicant's age, comparative lack of criminal antecedents, prompt plea of guilty, remorse and need for supervision after release were capable of amounting to special circumstances. The total sentence of five years imprisonment remained appropriate for a very serious offence, but justice required re-apportionment to a minimum term of three years and an additional term of two years.

Jurisdiction
Australia
Judgment Date
16 February 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for five years divided between a minimum term of three years and an additional term of two years.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'alcohol Impaired Driving' 'special Circumstances' 'minimum Term and Additional Term' 'guideline Judgments']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Dangerous Driving Occasioning Death' 'alcohol Impaired Driving' 'special Circumstances' 'minimum Term and Additional Term' 'guideline Judgments']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in concluding that there were no special circumstances to be taken into account because of Jurisic.' 'Whether a different sentence was warranted in law under s.6(3) of the Criminal Appeal Act 1912.' 'Whether the total sentence of five years imprisonment should be altered or re-apportioned as between the minimum term and additional term.']

Ratio Decidendi

The sentencing judge erred by treating Jurisic as excluding special circumstances. The applicant's age, comparative lack of criminal antecedents, prompt plea of guilty, remorse and need for supervision after release were capable of amounting to special circumstances. The total sentence of five years imprisonment remained appropriate for a very serious offence, but justice required re-apportionment to a minimum term of three years and an additional term of two years.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for five years divided between a minimum term of three years and an additional term of two years.

Orders

  • ['The application for leave to appeal is granted.' 'The appeal is allowed and the sentence in the form passed in the Court below is quashed.' 'The applicant is re-sentenced to imprisonment for five years, divided between a minimum term of three years and an additional term of two years.' 'The minimum term is to...