R v King [2001] NSWCCA 18

R v King [2001] NSWCCA 18

The sentence of periodic detention imposed below was manifestly inadequate given the gravity of the offence, the high-range alcohol, and reckless conduct. The circumstances did not amount to momentary inattention or misjudgment. A proper account of public deterrence required a full-time custodial sentence, and the Court exercised its discretion to quash the sentence and impose a two-year term of imprisonment with a twelve-month non-parole period.

Jurisdiction
Australia
Judgment Date
08 February 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
['aggravated Dangerous Driving Causing Grievous Bodily Harm' 'sentencing' 'periodic Detention' 'momentary Inattention or Misjudgment' 'public Deterrence']
['criminal Law'] ['aggravated Dangerous Driving Causing Grievous Bodily Harm' 'sentencing' 'periodic Detention' 'momentary Inattention or Misjudgment' 'public Deterrence']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence was manifestly inadequate for aggravated dangerous driving occasioning grievous bodily harm' "Whether the collision was due to 'momentary inattention or misjudgment'" 'Appropriateness of periodic detention vs full-time custodial sentence' 'Proper application of sentencing guidelines in R v Jurisic']

Ratio Decidendi

The sentence of periodic detention imposed below was manifestly inadequate given the gravity of the offence, the high-range alcohol, and reckless conduct. The circumstances did not amount to momentary inattention or misjudgment. A proper account of public deterrence required a full-time custodial sentence, and the Court exercised its discretion to quash the sentence and impose a two-year term of imprisonment with a twelve-month non-parole period.

Court Disposition

Appeal allowed

Orders

  • ['Sentence below quashed' 'In lieu, respondent sentenced to imprisonment for two years commencing 8 September 2000 with a non-parole period of twelve months' 'Respondent to be released on parole on 7 September 2001' 'Order for driving disqualification affirmed']