Bingley, George Stanley v The Queen [1980] FCA 139

Bingley, George Stanley v The Queen [1980] FCA 139

The custodial sentence imposed was not warranted in the circumstances, where the appellant was young, had no prior convictions, was not under the influence of alcohol or drugs, was not driving at excessive speed, and the conduct was not deliberate. The deterrent aspect was unduly emphasised by the sentencing judge.

Parties
Appellant: George Stanley Bingley; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
10 October 1980
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Culpable Driving, Sentencing, Appeals
Criminal Law Culpable Driving Sentencing Appeals

Case Brief

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Parties

George Stanley Bingley

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether a custodial sentence was appropriate for the offence of culpable driving causing grievous bodily harm in the circumstances of the appellant's case.

Ratio Decidendi

The custodial sentence imposed was not warranted in the circumstances, where the appellant was young, had no prior convictions, was not under the influence of alcohol or drugs, was not driving at excessive speed, and the conduct was not deliberate. The deterrent aspect was unduly emphasised by the sentencing judge.

Court Disposition

appeal allowed

Orders

  • The appellant be released without having sentence passed upon him upon entering into his own recognizance in the sum of $500 to be of good behaviour for two years from 10 October 1980, conditional upon payment of a $500 penalty to the Registrar of the Supreme Court (payable as to $250 on or before 28 November 1980...
  • The suspension of any licence to drive motor vehicles which the appellant may hold for a period of three years from 30 July 1979 is confirmed.