Chandler v R [2023] NSWCCA 59

Chandler v R [2023] NSWCCA 59

By majority, the sentence imposed was manifestly excessive having regard to the aggregate historical range for manslaughter sentences, the overlap with murder sentences, the evidence of profound childhood deprivation, and the failure to reflect a commensurate modification in moral culpability in the starting point for sentence as required by Bugmy. The sentence was therefore set aside and a lesser sentence substituted.

Parties
Applicant: Christopher Chandler; Respondent: Crown
Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal allowed (by majority); sentence set aside and new sentence imposed
Legal Topics
Manslaughter, Manifest Excess, Sentencing, Appellate Review, Objective Seriousness, Bugmy Principles, Discount for Guilty Plea, Dangerous Driving, Vehicular Manslaughter
Criminal Law Manslaughter Manifest Excess Sentencing Appellate Review Objective Seriousness Bugmy Principles Discount for Guilty Plea +2 more

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Parties

Christopher Chandler

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in assessing the objective seriousness as of the gravest type
  3. 3 Whether the sentencing judge erred in giving only a 5% discount for the late guilty plea

Ratio Decidendi

By majority, the sentence imposed was manifestly excessive having regard to the aggregate historical range for manslaughter sentences, the overlap with murder sentences, the evidence of profound childhood deprivation, and the failure to reflect a commensurate modification in moral culpability in the starting point for sentence as required by Bugmy. The sentence was therefore set aside and a lesser sentence substituted.

Court Disposition

Leave to appeal against sentence granted; appeal allowed (by majority); sentence set aside and new sentence imposed

Orders

  • Extend the time in which the applicant may apply for leave to appeal against sentence up to and including 23 February 2022
  • Grant leave to appeal against sentence