Regina v Sen [1999] NSWCCA 199

Regina v Sen [1999] NSWCCA 199

The sentencing judge relied on materially incorrect information that the speed limit was 60 kilometres per hour when it was in fact 80 kilometres per hour; although the error was not the judge's, it affected the factual basis of sentence and invoked the Court's jurisdiction. Having regard to the seriousness of the two aggravated dangerous driving occasioning death offences, the applicant's 0.219 per cent blood alcohol concentration, running a red traffic signal, two deaths, the post-Jurisic upward trend, and mitigating factors including early guilty pleas, remorse and limited prior record, the original nine-year concurrent sentences were quashed and replaced with concurrent total terms of...

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence Imposed for Two Counts of Aggravated Dangerous Driving Occasioning Death. / Court of Criminal Appeal; Application for Leave Granted, Appeal Allowed, Sentences Quashed and Applicant Resentenced.
Outcome
Appeal allowed; application for leave to appeal against sentence granted; sentences imposed in the District Court quashed; applicant resentenced.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'severity Appeal' 'sentencing Error Based on Incorrect Factual Material' 'alcohol Related Driving Offences' 'guideline Judgment' 'totality' 'minimum and Additional Terms']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Death' 'severity Appeal' 'sentencing Error Based on Incorrect Factual Material' 'alcohol Related Driving Offences' 'guideline Judgment' 'totality' 'minimum and Additional Terms']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal Against Severity of Sentence Imposed for Two Counts of Aggravated Dangerous Driving Occasioning Death. / Court of Criminal Appeal; Application for Leave Granted, Appeal Allowed, Sentences Quashed and Applicant Resentenced.

Legal Issues

  1. 1 ['Whether incorrect information given to the sentencing judge about the applicable speed limit caused error in the factual material relied on for sentence.' 'What sentence should be imposed for two counts of aggravated dangerous driving occasioning death involving a blood alcohol concentration of 0.219 per cent, a red traffic signal and two deaths.' 'Whether there were special circumstances justifying departure from the formula mentioned in s5 (2) of the Sentencing Act.' 'Whether the concurrent totality approach taken by the sentencing judge should be disturbed for the multiple offences.']

Ratio Decidendi

The sentencing judge relied on materially incorrect information that the speed limit was 60 kilometres per hour when it was in fact 80 kilometres per hour; although the error was not the judge's, it affected the factual basis of sentence and invoked the Court's jurisdiction. Having regard to the seriousness of the two aggravated dangerous driving occasioning death offences, the applicant's 0.219 per cent blood alcohol concentration, running a red traffic signal, two deaths, the post-Jurisic upward trend, and mitigating factors including early guilty pleas, remorse and limited prior record, the original nine-year concurrent sentences were quashed and replaced with concurrent total terms of...

Court Disposition

Appeal allowed; application for leave to appeal against sentence granted; sentences imposed in the District Court quashed; applicant resentenced.

Orders

  • ['The application for leave to appeal against sentence is granted.' 'The appeal is allowed.' 'The sentences imposed in the District Court are quashed.' 'In lieu thereof, on each charge the applicant is sentenced to total terms of seven years imprisonment to be served concurrently.' 'The sentences are divided into...