Rigby v R [2024] NSWCCA 134

Rigby v R [2024] NSWCCA 134

The sentencing judge's slight factual error in stating that the victim required surgical intervention was immaterial because surgery was not informative of the seriousness of injuries that necessarily amounted to grievous bodily harm, and the assessment of objective seriousness was supported by the applicant's very high intoxication, inability to control the vehicle, speed, busy highway, proposed 50 kilometre journey and abandonment of responsibility. The sentencing judge was not required to address irrelevant guideline factors, properly considered the applicant's subjective circumstances, and was not required to consider an ICO once a term exceeding 2 years was fixed.

Jurisdiction
Australia
Judgment Date
24 July 2024
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'objective Seriousness' 'subjective Circumstances' 'guideline Judgments' 'self Induced Intoxication' 'extra Curial Punishment' 'intensive Correction Orders']
['criminal Law' 'sentencing' 'criminal Appeals' 'driving Offences'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'objective Seriousness' 'subjective Circumstances' 'guideline Judgments' 'self Induced Intoxication' 'extra Curial Punishment' 'intensive Correction Orders']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the offence by misstating that the victim required surgical intervention.' 'Whether the sentencing judge failed to address matters raised in the guideline judgments in R v Whyte and R v Jurisic.' "Whether the sentencing judge erred in assessing the applicant's subjective circumstances, including prior offending, alleged extra-curial punishment, domestic abuse and alcohol use."]

Ratio Decidendi

The sentencing judge's slight factual error in stating that the victim required surgical intervention was immaterial because surgery was not informative of the seriousness of injuries that necessarily amounted to grievous bodily harm, and the assessment of objective seriousness was supported by the applicant's very high intoxication, inability to control the vehicle, speed, busy highway, proposed 50 kilometre journey and abandonment of responsibility. The sentencing judge was not required to address irrelevant guideline factors, properly considered the applicant's subjective circumstances, and was not required to consider an ICO once a term exceeding 2 years was fixed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']