R v Raffaghello [2019] NSWDC 624

R v Raffaghello [2019] NSWDC 624

Given the low level of offending and strong evidence of good character, and the extenuating circumstances, the charge should be dismissed under s 10(1)(a) without proceeding to conviction or punishment.

Parties
Appellant: Giacomo Raffaghello; Crown: Regina
Jurisdiction
Australia
Judgment Date
13 June 2019
Procedural Posture
Sentence Appeal / Appeal From Local Court on Severity of Sentence
Outcome
Appeal allowed; charge dismissed under s 10(1)(a) Crimes (Sentencing Procedure) Act 1999
Legal Topics
Drink Driving, Sentencing, Appeal, Section 10 Dismissal
Criminal Law Drink Driving Sentencing Appeal Section 10 Dismissal

Case Brief

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Parties

Giacomo Raffaghello

Appellant

Regina

Crown

Procedural Posture

Sentence Appeal / Appeal From Local Court on Severity of Sentence

Legal Issues

  1. 1 Whether the sentence imposed by the Local Court for special range prescribed concentration of alcohol was appropriate
  2. 2 Whether the circumstances justified dismissal under s 10(1)(a) of Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

Given the low level of offending and strong evidence of good character, and the extenuating circumstances, the charge should be dismissed under s 10(1)(a) without proceeding to conviction or punishment.

Court Disposition

Appeal allowed; charge dismissed under s 10(1)(a) Crimes (Sentencing Procedure) Act 1999

Orders

  • Set aside the conviction and sentence imposed by the Downing Centre Local Court on 28 March 2019
  • Dismiss the charge under s 10(1)(a) Crimes (Sentencing Procedure) Act 1999