R v Plumb [2003] NSWCCA 359

R v Plumb [2003] NSWCCA 359

Partial accumulation was open and appropriate where two victims suffered very serious injuries, the applicant's blood alcohol concentration very significantly impaired his driving, and an overall sentence without accumulation would not accommodate the objective criminality within the framework required by Pearce. The sentence was also consistent with the guideline judgment in Regina v Whyte, so no lesser sentence was warranted.

Jurisdiction
Australia
Judgment Date
01 December 2003
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'severity Appeal' 'accumulation and Concurrency of Sentences' 'totality' 'blood Alcohol Concentration']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'severity Appeal' 'accumulation and Concurrency of Sentences' 'totality' 'blood Alcohol Concentration']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether sentences for two counts arising from the same motor vehicle collision should have been ordered to be served wholly concurrently rather than partially accumulated.' 'Whether the effective sentence imposed for aggravated dangerous driving occasioning grievous bodily harm was excessive in light of the objective criminality and guideline judgment.']

Ratio Decidendi

Partial accumulation was open and appropriate where two victims suffered very serious injuries, the applicant's blood alcohol concentration very significantly impaired his driving, and an overall sentence without accumulation would not accommodate the objective criminality within the framework required by Pearce. The sentence was also consistent with the guideline judgment in Regina v Whyte, so no lesser sentence was warranted.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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