Regina v LEE [2002] NSWCCA 236

Regina v LEE [2002] NSWCCA 236

The sentencing discretion miscarried because, although the sentencing judge referred to the guilty plea as evidence of contrition and remorse, he did not take into account the plea's utilitarian value or quantify any discount. In light of the judge's stated intention to deal with the matter as leniently as...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 June 2002
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence quashed and substituted; driving disqualification affirmed.
Legal Topics
['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'guilty Plea Discount' 'utilitarian Value of Plea' 'guideline Judgments' 'general Deterrence' 'non Parole Period' 'licence Disqualification']
['criminal Law' 'sentencing'] ['aggravated Dangerous Driving Occasioning Grievous Bodily Harm' 'guilty Plea Discount' 'utilitarian Value of Plea' 'guideline Judgments' 'general Deterrence' 'non Parole Period' 'licence Disqualification']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account the utilitarian value of the Applicant's guilty plea." 'Whether the sentencing judge gave inappropriate weight to the starting point in the guideline judgment in R v Jurisic.' 'Whether the custodial sentence should have been suspended.' 'What sentence should be imposed on re-exercise of the sentencing discretion.']

Ratio Decidendi

The sentencing discretion miscarried because, although the sentencing judge referred to the guilty plea as evidence of contrition and remorse, he did not take into account the plea's utilitarian value or quantify any discount. In light of the judge's stated intention to deal with the matter as leniently as circumstances permitted, the Court inferred that the material factor had not been given weight. The Court re-exercised the sentencing discretion, treated three years as an appropriate starting point, applied a 25 percent discount for the utilitarian value of the plea, and substituted a sentence of two years and three months with the same 50 percent non-parole proportion.

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence quashed and substituted; driving disqualification affirmed.

Orders

  • ['Grant leave to appeal against sentence and allow the appeal.' 'Quash the sentence imposed by the trial judge and in lieu thereof impose a sentence of imprisonment for a term of two years and three months to commence on 10 May 2001 and to expire on 9 August 2003, with a non-parole period of one year, one month and...