Regina v Vitasovic [2000] NSWCCA 323

Regina v Vitasovic [2000] NSWCCA 323

The sentencing judge erred by significantly overstating the dangerous driving as a sustained course of dangerous driving. The applicant's speeding over a relatively short distance made the driving dangerous and, together with the catastrophic injuries caused, required full-time imprisonment, but the evidence did not show racing, weaving, erratic driving, or deliberate taking of the risk of collision. Re-sentencing to two years imprisonment with a twelve month non-parole period was appropriate, and the applicant's youth, first imprisonment, psychological vulnerability, prior good character, employment record and need for reintegration constituted special circumstances.

Jurisdiction
Australia
Judgment Date
23 October 2000
Procedural Posture
Criminal Appeal Against Severity of Sentence for Dangerous Driving Occasioning Grievous Bodily Harm / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Sentence Imposed in the District Court
Outcome
Leave to appeal granted. Appeal allowed. Sentence quashed and the applicant re-sentenced to two years imprisonment with a non-parole period of twelve months.
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'severity Appeal' 'aggravating Factors' 'speed' 'specific Deterrence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'severity Appeal' 'aggravating Factors' 'speed' 'specific Deterrence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal Against Severity of Sentence for Dangerous Driving Occasioning Grievous Bodily Harm / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred in characterising the applicant's conduct as a sustained course of dangerous driving." 'Whether the sentence imposed for dangerous driving occasioning grievous bodily harm was outside the permissible range having regard to aggravating and mitigating factors.' 'Whether special circumstances justified departure from the statutory proportion between the term of sentence and the non-parole period.']

Ratio Decidendi

The sentencing judge erred by significantly overstating the dangerous driving as a sustained course of dangerous driving. The applicant's speeding over a relatively short distance made the driving dangerous and, together with the catastrophic injuries caused, required full-time imprisonment, but the evidence did not show racing, weaving, erratic driving, or deliberate taking of the risk of collision. Re-sentencing to two years imprisonment with a twelve month non-parole period was appropriate, and the applicant's youth, first imprisonment, psychological vulnerability, prior good character, employment record and need for reintegration constituted special circumstances.

Court Disposition

Leave to appeal granted. Appeal allowed. Sentence quashed and the applicant re-sentenced to two years imprisonment with a non-parole period of twelve months.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'The sentence imposed by the sentencing judge was quashed.' 'In lieu thereof, the appellant was sentenced to a term of two years imprisonment with a non-parole period of twelve months.' 'The sentence was expressed to commence on 15 October 1999.' 'The first date upon...