R v Mansour [1999] NSWCCA 180

R v Mansour [1999] NSWCCA 180

The sentencing judge did not err by acknowledging the victim's family's grief, because the remarks did not show that victim impact material was given weight in fixing sentence. However, although the applicant's driving was well beyond momentary inattention and required a custodial sentence, the four-year sentence was above the permissible range because insufficient weight was given to the applicant's strong subjective circumstances, including 23 years without traffic infringements, no prior convictions, positive contribution to family and community, remorse, contrition, and the impact of the accident on her. The appropriate sentence was two years imprisonment comprising a minimum term of...

Jurisdiction
Australia
Judgment Date
25 June 1999
Procedural Posture
Application for Leave to Appeal Against Sentence Severity / Court of Criminal Appeal
Outcome
Appeal allowed; sentence quashed; sentence of two years imprisonment substituted.
Legal Topics
['dangerous Driving Occasioning Death' 'manifestly Excessive Sentence' 'victim Impact Statements' 'guideline Judgments' 'special Circumstances' 'parole' 'disqualification']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Death' 'manifestly Excessive Sentence' 'victim Impact Statements' 'guideline Judgments' 'special Circumstances' 'parole' 'disqualification']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence Severity / Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge took into account irrelevant material by referring to the victim's family's immeasurable grief and victim impact statements." 'Whether the sentence of a minimum term of two years and an additional term of two years for dangerous driving occasioning death was manifestly excessive.' "Whether a non-custodial sentence, home detention, or periodic detention was appropriate in light of the applicant's subjective circumstances." 'How the guideline judgment in Jurisic applied to the sentence imposed.']

Ratio Decidendi

The sentencing judge did not err by acknowledging the victim's family's grief, because the remarks did not show that victim impact material was given weight in fixing sentence. However, although the applicant's driving was well beyond momentary inattention and required a custodial sentence, the four-year sentence was above the permissible range because insufficient weight was given to the applicant's strong subjective circumstances, including 23 years without traffic infringements, no prior convictions, positive contribution to family and community, remorse, contrition, and the impact of the accident on her. The appropriate sentence was two years imprisonment comprising a minimum term of...

Court Disposition

Appeal allowed; sentence quashed; sentence of two years imprisonment substituted.

Orders

  • ['Appeal allowed.' 'Sentence quashed.' 'Substitute a sentence of two years imprisonment comprising a minimum term of 12 months commencing on 6 November 1998 and expiring on 5 November 1999 and an additional term of 12 months commencing on 6 November 1999 and expiring on 5 November 2000.' 'Pursuant to section 24 of...