R v BECKETT [2000] NSWCCA 424

R v BECKETT [2000] NSWCCA 424

The applicant's driving, which went beyond a momentary or casual lapse of attention, constituted dangerous driving. The trial judge's findings and sentence were within the proper exercise of sentencing discretion, and no error was demonstrated warranting appellate intervention.

Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Criminal Appeal / Judgment
Outcome
Leave to appeal granted; Appeal dismissed
Legal Topics
['dangerous Driving' 'sentencing' 'momentary Lapse of Attention']
['criminal Law'] ['dangerous Driving' 'sentencing' 'momentary Lapse of Attention']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 ["Whether the applicant's driving constituted dangerous driving beyond a momentary or casual lapse of attention" 'Whether the sentence imposed was within the discretion of the trial judge']

Ratio Decidendi

The applicant's driving, which went beyond a momentary or casual lapse of attention, constituted dangerous driving. The trial judge's findings and sentence were within the proper exercise of sentencing discretion, and no error was demonstrated warranting appellate intervention.

Court Disposition

Leave to appeal granted; Appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']