R v Anthony Norman Hicks [2005] NSWCCA 90

R v Anthony Norman Hicks [2005] NSWCCA 90

The appeal failed because the evidence did not establish that the applicant's mental condition had a causal connection with the offending or that it was not open to the sentencing judge to find the applicant appreciated what he was doing; the sentencing judge in any event imposed sentences considerably more lenient than the applicable guidelines despite significant aggravating features. Although material existed that could have supported a finding of special circumstances, it was not sufficiently special to require such a finding and the non-parole period was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
15 March 2005
Procedural Posture
Severity Appeal Against Sentences for Culpable Driving Offences / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['culpable Driving' 'dangerous Driving Causing Grievous Bodily Harm' 'general Deterrence' 'mental Disorder in Sentencing' 'special Circumstances' 'non Parole Period' 'licence Disqualification']
['criminal Law' 'sentencing'] ['culpable Driving' 'dangerous Driving Causing Grievous Bodily Harm' 'general Deterrence' 'mental Disorder in Sentencing' 'special Circumstances' 'non Parole Period' 'licence Disqualification']

Case Brief

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Procedural Posture

Severity Appeal Against Sentences for Culpable Driving Offences / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in determining that general deterrence was a factor in sentencing the applicant despite evidence of mental disorder.' 'Whether the sentencing judge erred in finding that there was nothing to suggest that at the time of the incident the applicant did not fully appreciate what he was doing.' 'Whether the sentencing judge erred in failing to find special circumstances warranting a reduction of the non-parole period.']

Ratio Decidendi

The appeal failed because the evidence did not establish that the applicant's mental condition had a causal connection with the offending or that it was not open to the sentencing judge to find the applicant appreciated what he was doing; the sentencing judge in any event imposed sentences considerably more lenient than the applicable guidelines despite significant aggravating features. Although material existed that could have supported a finding of special circumstances, it was not sufficiently special to require such a finding and the non-parole period was not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']