Regina v Everett [2000] NSWCCA 439

Regina v Everett [2000] NSWCCA 439

The applicant's submissions disclosed no substantial sentencing error. Any subjective factors, including rehabilitation efforts and hardship caused by separation from her daughter, were overwhelmed by the seriousness of drug affected, unlicensed dangerous driving that caused two deaths. The sentences imposed were within the sentencing judge's discretionary range and accommodated the guideline judgment in Regina v Jurisic.

Jurisdiction
Australia
Judgment Date
21 February 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave Out of Time and Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Application for leave out of time allowed; application for leave to appeal granted; appeal dismissed.
Legal Topics
['dangerous Driving Occasioning Death' 'sentence Appeal' 'drug Affected Driving' 'unlicensed Driving' 'hardship to Dependant Child' 'guideline Judgments']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Death' 'sentence Appeal' 'drug Affected Driving' 'unlicensed Driving' 'hardship to Dependant Child' 'guideline Judgments']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave Out of Time and Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave out of time and leave to appeal against sentence should be granted.' "Whether the sentencing judge made errors of fact relating to the accident, the applicant's rehabilitation, reference to another driving case, the effect of incarceration on the applicant's daughter, or the weight given to the applicant's prior record." 'Whether the sentences imposed for two counts of dangerous driving occasioning death were within the discretionary range.']

Ratio Decidendi

The applicant's submissions disclosed no substantial sentencing error. Any subjective factors, including rehabilitation efforts and hardship caused by separation from her daughter, were overwhelmed by the seriousness of drug affected, unlicensed dangerous driving that caused two deaths. The sentences imposed were within the sentencing judge's discretionary range and accommodated the guideline judgment in Regina v Jurisic.

Court Disposition

Application for leave out of time allowed; application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to apply to the Court out of time allowed.' 'Application for leave to appeal granted.' 'Appeal dismissed.']