R v Woodward [2001] NSWCCA 90

R v Woodward [2001] NSWCCA 90

The sentencing judge made no error of principle. The finding that the offence was in the more serious category was open given the applicant's very high blood alcohol level, deliberate decision to drive while over the limit, poor traffic record and the fatal consequences. The finding that a constant velocity joint failure or other mechanical defect did not cause the loss of control was a factual conclusion open to the judge. The judge gave full weight to favourable subjective circumstances, remorse, contrition and rehabilitation, and the admissions had only limited utilitarian significance. Although the sentence was severe, the objective gravity of the offence meant it did not manifest...

Jurisdiction
Australia
Judgment Date
23 March 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'mechanical Defect Defence' 'intoxication' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'mechanical Defect Defence' 'intoxication' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence for aggravated dangerous driving occasioning death was manifestly excessive.' 'Whether the sentencing judge erred in finding that the offence was in the more serious category of aggravated dangerous driving occasioning death cases.' 'Whether the sentencing judge erred in finding that mechanical defect played no part in contributing to the cause of the accident.' "Whether insufficient weight was given to the applicant's subjective circumstances, rehabilitation, remorse, admissions and the limited basis on which the plea of not guilty was entered."]

Ratio Decidendi

The sentencing judge made no error of principle. The finding that the offence was in the more serious category was open given the applicant's very high blood alcohol level, deliberate decision to drive while over the limit, poor traffic record and the fatal consequences. The finding that a constant velocity joint failure or other mechanical defect did not cause the loss of control was a factual conclusion open to the judge. The judge gave full weight to favourable subjective circumstances, remorse, contrition and rehabilitation, and the admissions had only limited utilitarian significance. Although the sentence was severe, the objective gravity of the offence meant it did not manifest...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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