R v Hemsworth [2001] NSWCCA 86

R v Hemsworth [2001] NSWCCA 86

The sentencing judge had considered remorse, previous good character, rehabilitation and the circumstances of the accident, and was entitled to find an abandonment of responsibility based on the aggregated aggravating factors of excessive speed, cannabis impairment, erratic driving and the four kilometre journey exposing others to risk. The need to swerve was the result of the applicant's own dangerous driving. No error in the sentencing process was shown and the five-year sentence, although severe, was not outside the range or manifestly excessive.

Jurisdiction
Australia
Judgment Date
21 March 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['dangerous Driving Occasioning Death' 'manslaughter Acquittal' 'aggravating Factors' 'abandonment of Responsibility' 'good Character' 'remorse' 'rehabilitation' 'manifest Excess']
['criminal Law' 'sentencing'] ['dangerous Driving Occasioning Death' 'manslaughter Acquittal' 'aggravating Factors' 'abandonment of Responsibility' 'good Character' 'remorse' 'rehabilitation' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to take into account relevant mitigating factors, including remorse and previous good character.' 'Whether the sentencing judge erred in finding that the applicant had abandoned responsibility for his conduct by the manner of his driving.' "Whether the sentencing judge failed to give sufficient weight to the applicant's rehabilitation and prospects of further rehabilitation." 'Whether the sentencing judge failed to take into account that the offence occurred while the applicant was taking evasive action to avoid injury to other people.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentencing judge had considered remorse, previous good character, rehabilitation and the circumstances of the accident, and was entitled to find an abandonment of responsibility based on the aggregated aggravating factors of excessive speed, cannabis impairment, erratic driving and the four kilometre journey exposing others to risk. The need to swerve was the result of the applicant's own dangerous driving. No error in the sentencing process was shown and the five-year sentence, although severe, was not outside the range or manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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