R v McAskill [2000] NSWCCA 350

R v McAskill [2000] NSWCCA 350

The sentence was not shown to be manifestly excessive because the applicant drove with a blood alcohol reading of .155, caused grievous bodily harm to two persons, had prior drink-driving offences showing earlier continuing disobedience of the law, and the comparison cases did not assist. No special circumstances were made out merely because this was the applicant's first custodial sentence or because of the other matters relied on. Leave to appeal was therefore refused.

Jurisdiction
Australia
Judgment Date
09 August 2000
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused.
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'guideline Judgment' 'blood Alcohol Level' 'special Circumstances' 'manifest Excess']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'guideline Judgment' 'blood Alcohol Level' 'special Circumstances' 'manifest Excess']

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence for two counts of aggravated dangerous driving occasioning grievous bodily harm was manifestly excessive.' 'Whether the sentencing judge erred in the relationship between the minimum term and additional term by failing to find special circumstances.']

Ratio Decidendi

The sentence was not shown to be manifestly excessive because the applicant drove with a blood alcohol reading of .155, caused grievous bodily harm to two persons, had prior drink-driving offences showing earlier continuing disobedience of the law, and the comparison cases did not assist. No special circumstances were made out merely because this was the applicant's first custodial sentence or because of the other matters relied on. Leave to appeal was therefore refused.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']