Regina v Rayner [2002] NSWCCA 309

Regina v Rayner [2002] NSWCCA 309

The Court held that the sentencing judge made no error of principle, gave appropriate consideration to the plea of guilty and special circumstances, and was aware that the applicant was a police officer being sent to prison for the first time. Given the aggravating features, the applicant's record, the timing of the plea, and the authorities, the sentences were within the appropriate sentencing range and were not manifestly excessive.

Jurisdiction
Australia
Judgment Date
25 June 2002
Procedural Posture
Application for Extension of Time to Appeal Against Sentence and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Application for extension of time to appeal granted. Leave to appeal refused.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'manifestly Excessive Sentence' 'aggravating Features']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Death' 'aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'manifestly Excessive Sentence' 'aggravating Features']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal Against Sentence and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether an extension of time to appeal against sentence should be granted.' 'Whether the sentences for aggravated dangerous driving occasioning death and aggravated dangerous driving occasioning grievous bodily harm were manifestly excessive.']

Ratio Decidendi

The Court held that the sentencing judge made no error of principle, gave appropriate consideration to the plea of guilty and special circumstances, and was aware that the applicant was a police officer being sent to prison for the first time. Given the aggravating features, the applicant's record, the timing of the plea, and the authorities, the sentences were within the appropriate sentencing range and were not manifestly excessive.

Court Disposition

Application for extension of time to appeal granted. Leave to appeal refused.

Orders

  • ['Application for extension of time to appeal granted.' 'Leave to appeal refused.']