R v Hawkins [2000] NSWCCA 380

R v Hawkins [2000] NSWCCA 380

Leave to appeal was refused because no sentencing error was shown in the relationship between the minimum and additional terms, and the sentence was not manifestly excessive having regard to the catastrophic result, severe speed, blood alcohol concentration well over four times the minimum permitted, erratic driving, the applicant's criminal record, and the limited utility of the guilty plea.

Jurisdiction
Australia
Judgment Date
11 August 2000
Procedural Posture
Severity Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application dismissed; leave to appeal refused.
Legal Topics
['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'minimum and Additional Terms' 'alcohol Problem' 'general Deterrence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Dangerous Driving Occasioning Death' 'manifest Excess' 'minimum and Additional Terms' 'alcohol Problem' 'general Deterrence']

Case Brief

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Procedural Posture

Severity Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in fixing the relationship between the minimum term and the additional term.' 'Whether the sentence for aggravated dangerous driving occasioning death was manifestly excessive.']

Ratio Decidendi

Leave to appeal was refused because no sentencing error was shown in the relationship between the minimum and additional terms, and the sentence was not manifestly excessive having regard to the catastrophic result, severe speed, blood alcohol concentration well over four times the minimum permitted, erratic driving, the applicant's criminal record, and the limited utility of the guilty plea.

Court Disposition

Application dismissed; leave to appeal refused.

Orders

  • ['Application dismissed' 'Leave to appeal refused']