Regina v Craig Besant [2003] NSWCCA 388

Regina v Craig Besant [2003] NSWCCA 388

While the head sentences were within a sound exercise of sentencing discretion, the sentencing judge should have given greater weight to the special circumstances surrounding the applicant, particularly his depression and lack of prior custody, resulting in shorter non-parole periods. The plea of guilty was not entered early and was only of limited utilitarian value.

Jurisdiction
Australia
Judgment Date
05 December 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal on Sentence
Outcome
Leave to appeal granted; appeal allowed in part; head sentences confirmed; non-parole periods varied
Legal Topics
['sentencing' 'dangerous Driving Occasioning Death' 'aggravating and Mitigating Factors' 'early Plea of Guilty' 'guidelines for Sentencing' 'non Parole Period Determination']
['criminal Law'] ['sentencing' 'dangerous Driving Occasioning Death' 'aggravating and Mitigating Factors' 'early Plea of Guilty' 'guidelines for Sentencing' 'non Parole Period Determination']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal on Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge gave appropriate weight to the applicant’s plea of guilty as an 'early plea'." 'Whether the sentences imposed were manifestly excessive having regard to the circumstances.' 'Application of aggravating and mitigating factors under sentencing principles.']

Ratio Decidendi

While the head sentences were within a sound exercise of sentencing discretion, the sentencing judge should have given greater weight to the special circumstances surrounding the applicant, particularly his depression and lack of prior custody, resulting in shorter non-parole periods. The plea of guilty was not entered early and was only of limited utilitarian value.

Court Disposition

Leave to appeal granted; appeal allowed in part; head sentences confirmed; non-parole periods varied

Orders

  • ['Application for leave to appeal granted.' 'Head sentences on each count confirmed.' 'Non-parole period for count 1 set at three years from 2 May 2002 to 1 May 2005.' 'Non-parole period for count 2 set at two and a half years from 2 May 2003 to 1 November 2005.' 'Order for disqualification from holding a driver’s...