R v Lopesi [2025] NSWCCA 15

R v Lopesi [2025] NSWCCA 15

The appeal was dismissed because the sentencing judge did not err in assessing the objective seriousness of the offence, the findings about the respondent's conduct were open on the evidence, and the sentence imposed, including the allowance for special circumstances, was within the appropriate range and not manifestly inadequate.

Parties
Respondent: Crown; Respondent: Penina Lopesi
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence by Crown Court of Criminal Appeal From District Court
Outcome
Appeal dismissed
Legal Topics
Appeal Against Sentence, Dangerous Driving Occasioning Death, Objective Seriousness, Sentencing Principles, Manifest Inadequacy of Sentence
Criminal Law Appeal Against Sentence Dangerous Driving Occasioning Death Objective Seriousness Sentencing Principles Manifest Inadequacy of Sentence

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Parties

Crown

Respondent

Penina Lopesi

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence by Crown Court of Criminal Appeal From District Court

Legal Issues

  1. 1 Whether the sentencing judge erred in the assessment of objective seriousness of the offence
  2. 2 Whether the sentencing judge erred in the finding as to the respondent's conduct (confusion between accelerator and brake and use of handbrake)
  3. 3 Whether the sentence imposed was manifestly inadequate

Ratio Decidendi

The appeal was dismissed because the sentencing judge did not err in assessing the objective seriousness of the offence, the findings about the respondent's conduct were open on the evidence, and the sentence imposed, including the allowance for special circumstances, was within the appropriate range and not manifestly inadequate.

Court Disposition

Appeal dismissed

Orders

  • Dismiss the appeal.